subject: What You Need To Know When It Comes To Child Custody [print this page] Child custody can be a very complicated and confusing process for most parents who go through divorce. The extra stress of child custody can be too much in addition to the heartbreak of divorce and the depression of being separated from your children.
In this situation it is vital to take one thing at a time. Start by getting the answers to questions that you need to your child custody questions so that you understand the process.
The biggest mistake of grief stricken parents is to hire the first lawyer they hear of and stake the success of their child custody battle on their expertise. This lawyer often is not familiar with the most modern strategies.
Due to this fact, doing research is vital to winning custody of your children. With public libraries and the internet, research is much easier than it was a few years ago.
There are four main types of child custody. The first is called Joint Legal Custody.
Under Joint Legal Custody both parents are allowed to make major decisions about the lives of their children such as medical care and education. However, who the children live with is undefined.
The second type of child custody is Sole Legal Custody. Under Sole Legal Custody only one parent is allowed to make major decisions for the children.
The third type of child custody is Sole Physical Custody. Under Sole Physical Custody the children live with one parent most of the time while the other parent only has visitation rights.
The fourth type is Joint Physical Custody. Under Joint Physical Custody the children live with each parent for a large part of the year, even if the time is not evenly divided.
It is also good to know what things that courts look at when considering who should have custody of the children. Remember that the deciding principle is the "best interest of the child."
Find a definition of this principle and what it has meant in past court cases. Keep this in mind as you present your argument.
Some of the factors included in considering the "best interest of the child" are the child's interactions or relationships with each parent, the child's involvement in a particular school or neighborhood and whether placement with either of the parents would change that, and the mental and physical health of each parent.
They will also consider which parent will encourage and facilitate custody visitation rights of the other parents. It is important to be supportive of this one and it has a huge part in determining the outcome of the court's decision.
In addition, the present and future residence location of each parent, whether or not either parent has made the process of child support payments difficult, and the wishes of the child depending on their age will also have significant impacts on the decision of the court.
One question many parents navigating the child custody court ask is whether the children get to choose which home they will live in. For the most part the answer is no.
Judges definitely consider the child's preferences depending on their age, but the decision is definitely not only based on this factor. However, the child will be used as a witness in court.
Even today, the mother has the advantage in obtaining custody of her children. However, fathers are gaining more custody rights over time.
Another question parents tend to ask is if in the event that joint physical custody is granted, does child support still get decided and paid? The answer is yes.
Child support depends on the income of each parent. Child support is considered to be something completely different from the custody decision.
This also means that even if the other parent does not pay child support, they still have visitation rights. Likewise, if the other parent will not allow you to see your children, you must still pay child support.
As you prepare for the court date, make sure you appear organized and well prepared. Do not only depend on your attorney to win the case for you.
Doing the proper research can make the difference between how much custody you are able to win with your children.
by: Jack Landry
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