Nearly all courts use a standard procedure while deciding the child custody. The procedure always has the childs best interests when deciding who among the parents the child will live with. Sometimes, a court can order both parents to undergo a drug test and if one disagrees, the consequences can be harsh. With some child custody assessment tools, the judge decides which environment is best for the kid no matter what.
Can custody be given to only one parent? This is not a certain outcome. Partial custody can be awarded to both parents which is also called joint custody. It takes three forms. Joint physical custody whereby they spend times with the kids, joint legal custody in which both parents participate in decision making and the last one takes both joint physical custody and joint legal custody.
In the past, custody was awarded to mothers especially of children below five years. But in the recent years most states consider the physical fitness of both parents. Courts will most likely award custody to the parent who has the best interests of the child disregarding the gender. Most divorced parents agree the mother to have custody while the father maintains the visitation rights.
In cases whereby one parent moves and leaves to another place and in the process leaves them behind, the court will decide in favor of the parent who was left with them. The reason is that that the one who left will be considered unfit to raise up the children no matter the reasons he had for leaving. Also, no judge will be willing to change the location of the kids.
A parents routine will also determine if he/she can get custody or not. A parent that smokes and consumes alcohol is considered unsuitable to live with these children since their health will be at risk. This is not the best environment for any child. Other social factors will also be considered. A judge will not grant custody to a parent who has been accused of child abuse before.
Before getting custody, one has to be able to provide in general a good stable environment for the kids. The parent has to be able to give them the basic necessities like shelter, food clothes, a nice home and basic medical care. It will also depend on the bond a child has with the parent. A parent with a strong bond with their kids will most definitely get custody.
Can a parents sexual orientation affect in getting custody or visitation rights? This solely depends on a state. In some, a persons sexual orientation cannot prevent one from getting the custody of the children or being denied visitation. In some states however, judges will decide while considering the communitys prejudices and where the kid will be more comfortable.
Sometimes, all these dynamics does not favor a parent over the other. What will the court do? The other option for the court is to consider the guardian who will nurture a better bond between the children and the other parent who will not get custody. Most likely the parent will be the primary caregiver since birth and can give the same lifestyle to the children as they are used to.
Can custody be given to only one parent? This is not a certain outcome. Partial custody can be awarded to both parents which is also called joint custody. It takes three forms. Joint physical custody whereby they spend times with the kids, joint legal custody in which both parents participate in decision making and the last one takes both joint physical custody and joint legal custody.
In the past, custody was awarded to mothers especially of children below five years. But in the recent years most states consider the physical fitness of both parents. Courts will most likely award custody to the parent who has the best interests of the child disregarding the gender. Most divorced parents agree the mother to have custody while the father maintains the visitation rights.
In cases whereby one parent moves and leaves to another place and in the process leaves them behind, the court will decide in favor of the parent who was left with them. The reason is that that the one who left will be considered unfit to raise up the children no matter the reasons he had for leaving. Also, no judge will be willing to change the location of the kids.
A parents routine will also determine if he/she can get custody or not. A parent that smokes and consumes alcohol is considered unsuitable to live with these children since their health will be at risk. This is not the best environment for any child. Other social factors will also be considered. A judge will not grant custody to a parent who has been accused of child abuse before.
Before getting custody, one has to be able to provide in general a good stable environment for the kids. The parent has to be able to give them the basic necessities like shelter, food clothes, a nice home and basic medical care. It will also depend on the bond a child has with the parent. A parent with a strong bond with their kids will most definitely get custody.
Can a parents sexual orientation affect in getting custody or visitation rights? This solely depends on a state. In some, a persons sexual orientation cannot prevent one from getting the custody of the children or being denied visitation. In some states however, judges will decide while considering the communitys prejudices and where the kid will be more comfortable.
Sometimes, all these dynamics does not favor a parent over the other. What will the court do? The other option for the court is to consider the guardian who will nurture a better bond between the children and the other parent who will not get custody. Most likely the parent will be the primary caregiver since birth and can give the same lifestyle to the children as they are used to.
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