Child Custody And Custody Disputes: Most Often Asked Questions
For those who are not unfamiliar with the process
, the issue of child custody is one they would much rather not get involved with. Unfortunately, with the growing frequency of divorce, more people are now finding that they need to learn more about the issues surrounding it.The following are a few of the most often asked questions from people who are unfamiliar with the subject. The answers that are provided here represent information obtained from different child custody lawyers. While child custody laws are certainly not the same for all states, the following answers are stated in general terms. Obviously, you should consult local experts to determine whether these answers will apply to your own situation
- What is the Definition of Custody ?
"Custody" refers to the court ruling that decides which party will be responsible for the child or children when their parents are not living together. This can apply to couples who are either divorced or separated, as well as those who have never been married to each other, but are biological parents of the children involved in the case.
- How is Legal Custody Different From Physical Custody?
If a parent has been granted physical custody, it means that the child will spend full time living at the home of that parent, on a more or less continual basis. If the custody decision is "joint physical custody", the child is moved alternately between the two parent's individual homes.
If a parent is granted "sole legal custody", only that parent holds the legal right to make decisions with regard to the child's health, education, and general welfare (physicians, schools, etc). When "joint legal custody" is ruled, both parents will share in making these decisions.
- How is a Custody Decision Made?
A judge typically gives approval to a custody arrangement when it is agreed to by the parents involved. If the parents are unable to reach agreement, they will be instructed to speak with a counselor or mediator who can help them work out their differences. The judge will 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?
Certainly. The court will typically issue an order which provides for the non-custodial parent to have ample visitation rights with the child. This can, however, be restricted in any case where domestic violence is suspected or has occurred, or in a case where a parent's ability to properly care for the child is under question.
- What Happens If A Custodial Parent Forbids The Child To Visit The Other Parent?
The non-custodial parent can always request that the court issue a "contempt" order against the offending parent. If the parent is found to be blocking visitation, the court can impose penalties. If it is demonstrated that the interference was intentional, the non-custodial parent may have grounds to sue for the child's custody. In most cases, the judge will require that couple try to work things out with the aid of a counselor or mediator prior to 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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