Child Custody And Custody Disputes: Most Often Asked Questions
For those who are unfamiliar with the entire process
, the subject of child custody is one problem they would much rather not get involved with. Unfortunately, with the growing problem of divorce, more and more people are now realizing a need to learn more about the issues surrounding it.Following are some of the most often repeated questions asked by people who are unfamiliar with the subject. The answers provided here represent information collected from various child custody attorneys. While it is true that child custody laws are not the same for all states, the following answers are espressed in general terms. Obviously, you must consult local experts to determine whether these answers will apply, as stated, to your own situation.
- What is the Definition of Custody ?
"Custody" is the ruling that determines which party is responsible for the child or children when their parents are no longer living together. This applies to couples who are either divorced or separated, as well as those who have never actually been married to each other, but are the biological parents of the children involved in the case.
- How is Legal Custody Different From Physical Custody?
If parent has been given physical custody, it implies that the child will spend full time living at home with that parent, on a more or less permanent basis. If the custody ruling is "joint physical custody", then the child is moved back and forth between the two parent's individual homes.
If a parent is granted "sole legal custody", then only that parent has the legal right to make decisions in regard to the child's health, education, and overall welfare (which physicians, what schools, etc). Where "joint legal custody" is applied, both of the parents will share in making these important decisions.
- How is a Custody Decision Made?
A judge will typically gives approval to a custody arrangement once it is agreed to by the parents. If the parents are unable to reach agreement, they will be required to speak with a counselor or mediator who will help them work out a plan. The judge is then required to make the decision on any disputed issues that both parties are not able to resolve.
- Can a Child Still See a Parent Not Awarded Physical Custody?
Of Course. The court will usually issue an order providing that the non-custodial parent will be given ample visitation rights with the child. However, this can be restricted in cases where domestic violence is suspected or has occurred, or in any case where a parent's ability to adquately care for the child is under question.
- What Happens When A Custodial Parent Forbids The Child's To Visit The Other Parent?
The non-custodial parent can request that the court issue a "contempt" order. If the parent is found to be denying visitation the court can impose sanctions. If it can be demonstrated that it was done intentionally, the non-custodial parent may then have grounds to sue for the child's custody. Usually, the judge will require the couple to try to work things out with the help of a counsellor of mediator before taking that step.
- Can A Custody Arrangement Be Changed If It Isn't Working?
Parents are normally able to make changes to a custody arrangement if it isn't working, provided they are both able to agree on the new plan. They can then request that the judge to make it official. If the parents continue to disagree, they can ask the judge to decide on the changes. The judge's decision will be based only on serving the best interests of the child. This can become problematic if the child has been well-cared for, or if the previous custody plan has been in force for some time.
- Can Anybody Besides The Parents Be Given Custody Over A Child?
Yes, sometimes. In some States, including California, a judge is required to give first consideration to the parents, either singly or jointly. A judge can also give custody to either a relative (a grandmother, step-parent) or a family friend, notwithstanding the parents' lack of consent. This occurs when a judge anticipates that granting custody of the child to either one of the parents would be against the best interests of the child.
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