by Carlton T. Driver
For those who are not familiar with the process, child custody is an issue they would much rather not get involved with. But, since divorce brings with it the very difficult problems of child custody, along with other attendant conflicts, many people are now finding they need to learn more about the topic.
Following are some of the common questions asked by people who are not familiar with the subject. The answers are collected responses from some child custody attorneys. Obviously, child custody laws are not the same in all states. The following answers are provided in general terms to the extent that they apply and/or are recognized by the courts.
What is the Definition of Custody ? "Custody" is the ruling that determined the party responsible for the child or children in cases where their parents are not living together. This can be applied to couples who are divorced, separated, or who have never actually been married to each other, but are the biological parents.
How Does Physical Custody Differ From Legal Custody? When a parent has physical custody, it refers to a situation in which the child will spend time living with that parent on a regular basis. If custody is "joint physical custody", then the child is shuttled between the parent's homes.
When a parent has been given "sole legal custody", then that parent has the sole legal right to make decisions regarding the child's education, health, and overall welfare (schools, doctor, etc). For "joint legal custody", both parents will share in making the relevant decisions.
How is a Decision Made? A judge usually gives his or her approval to a custody plan agreed on by the parents. If the parents cannot agree, they will have to speak with a mediator or counselor to help work out a plan. The judge will make the decision on any disputed issues that both parties are unable to resolve.
Can a Child Still See a Parent Not Awarded Physical Custody? Certainly. The court will usually issue an order stating that the non-custodial parent be given generous visitation rights with the child. However, this can, and will, be restricted in cases where domestic violence has occurred or is suspected, or in cases where a parent's ability to care for the child is under question.
What Happens When A Custodial Parent Forbids The Child's To Visit The Other Parent? A non-custodial parent can ask the court to issue a "contempt" order. The parent who is found to be denying visitation can be given court sanctions. If it can be shown that it was done intentionally, then the non-custodial parent may have grounds to sue to be granted the child's custody. Usually the judge will first require the couple to try to work things out with the help of a counsellor of mediator.
Can A Custody Arrangement Be Changed If It Isn't Working? Parents are usually able to make changes to a custody arrangement that isn't working, provided they are able to agree on a new plan, and they then request that the judge to make it official. If the parents continue to argue and disagree, they can then ask the judge to decide on the changes. The judge's decision will ultimately be based on serving the best interests of the child. This can become difficult if the child has been well-cared for, or if the original custody plan has been in force for some time.
Can Anybody Other Than The Parents Have Custody Over A Child? In California, a judge must consider the parents first, either singly or together. A judge may, however, grant custody to another person (a grandmother, step-parent, or a friend) with or without the parents' consent. This can occur if the judge believes giving child custody to either parent would be detrimental to the child.
You can download two FREE reports about Child Custody issues, and learn a lot more about how to win in a Child Custody Proceeding by clicking on this link: Free Child Custody Reports. There, you will also be able to learn about a Comprehensive Guide to Child Custody Strategies.
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