What determines who gets custody of a child? One of the most common questions asked by unmarried parents, divorced parents, co-parenting couples and people in general is “what determines who gets custody of a child?” The answer is complicated and controversial. There are many factors considered when making decisions about child custody and visitation.
Who decides who gets custody of a child? The U.S. divorce laws state that the court must take into consideration “the physical and emotional well-being of a child, the relationship between that child and the noncustodial parent, the ability of the custodial parent to provide for the physical and emotional needs of the child, the permanence of the custodial home and the permanence of the custodial care.” The courts may also consider the relationship between the children and the noncustodial parent as well as the needs of each parent for their children. These factors will ultimately be determined by the judge. If you are not sure how to go about getting shared custody you can consult Cain and Herren Family Law Lawyers.
What determines who gets custody of a child through joint physical custody? Joint custody happens when both parents have equal legal rights and responsibilities to the child, they share making decisions about medical, educational, religious, and emotional development, and they spend equal time with the child. This is the most desirable arrangement for the child. However, it can create some of the most complex child custody disputes. When parents are not together physically, they have no legal standing to request or have the courts evaluate the best interest of the child. When children live in both parents’ homes, the child has the opportunity to see both parents, but only receives thirty percent (or less) visitation time with each parent.
What determines who gets custody of a child through sole physical custody? When one parent has the child full-time and the other parent has less than half-time visitation, the child is likely to be raised with only one parent. This situation usually occurs when the custodial parent does not support the child financially. Sole physical custody is the most troublesome for the child and can lead to extreme emotional problems.
What determines who gets custody of a child through shared physical custody? When both parents participate in raising the child, both have equal legal rights and responsibilities to the child, and they spend equal time with the child. This is also the most beneficial arrangement for the child because both parents can form an effective partnership that will help the child adjust to his or her new home.
What determines who gets custody of a child through sole physical custody? This situation is usually the result of a custody dispute between the two parents. When one parent is deemed unfit, the court can award full-time or sole custody to that parent. This situation rarely has an affect on visitation rights, as the parents are usually able to meet halfway in terms of the parenting plan.
What determines who gets custody of a child through shared physical custody? This situation is also commonly referred to as shared custody, joint legal custody or primary custody. In this instance, one parent is responsible for the children’s welfare, including medical and educational expenses. When joint physical custody is granted, both parents are responsible for the child’s living conditions unless the court decides that it is in the child’s best interest to have sole physical custody.
What determines who gets custody of a child through sole physical custody? A parent who has sole physical custody can be awarded full-time or sole physical custody. If the case is contested, the court may end up granting only one half of the joint physical custody to one parent. With sole physical custody, both parents are responsible for the child’s living conditions unless the court decides that it is in the child’s best interest to have sole physical custody. This situation does not change if sole physical custody is awarded to one parent.
