Child Custody Category

How Do Judges Decide Which Parent Gets Custody of a Child?

When parents cannot agree on how they are going to raise their children after separation, judges or arbitrators have to decide which parent should have custody. That is unfortunate because judges usually have a very limited amount of time to spend with the family. They may not see the children at all, and yet the judge is making critical decisions about the rest of the children’s lives. It is almost always better for the parents to decide what plan will work best for their children because they know the children and themselves better than a judge will ever likely get to know them. Arbitrators can sometimes get to know families a little bit better, especially when they act in the role of mediator/arbitrator. But still, their knowledge of the family will never be as good as that of the parents.

When deciding which parent should have custody, judges and arbitrators give almost no weight, perhaps no weight at all, to what the parents want. The law requires that when a judge or arbitr...

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Custody Arrangements Both Parents Can Agree On

AttorneyTribe

Divorce is always a life altering decision for the people involved. The feelings of hurt and anger that former husbands and wives have during the divorce proceedings often cloud their judgments, making it difficult to separate good decisions from bad ones. If the couple getting a divorce are parents, it is often the children that wind up suffering the most.

One of the most difficult decisions when it comes to divorce of a couple with children is, who will have custody? In too many instances, the children become pawns in a power play between the former spouses. If you are a parent going through a divorce, it is important that you and your former spouse find a custody arrangement that works, not only for the two of you, but most importantly for your children.

There are two types of the custody of children that can be assigned by the courts in a divorce; legal custody and physical custody. Each type of custody may be jointly shared or sole custody where one parents takes on the responsi...

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Who Gets the Child? Child Custody Laws in General

AttorneyTribe

Within the field of law, there are many different specializations, each with its own set of challenges. Family law is one of the most emotionally challenging areas of law. Child custody, in particular, can produce emotionally explosive situations. While you can handle this on your own, it’s best to seek out the aid of a law firm or a lawyer to help you through the process.

Distinctions in Child Custody

Custody is about more than just where the child lives. While that is certainly included, child custody has two separate components. From there, there are different options for the combination of these components. The two components are legal custody and physical custody.

Legal custody refers to having the rights and obligations to decide about how the child will be raised. This includes matters relating to religion, education, medicine, and social activities. Anyone who has legal custody must be included in the decision making process.

Physical custody refers to actually having...

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The Best Interests of the Child

AttorneyTribe

In family law, matters regarding the children are generally settled using the best interests of the child test. The best interests of the child is a factor based test that developed in response to the parens patriae doctrine. The purpose of this standard is to place the focus on the children and represent their interests. In custody, divorce, and other similar legal battles regarding children, the children generally have no one representing their interests. They have the most to lose and the least ability to protect themselves whereas the adults in the case can represent themselves and their interests.

Basic Factors of the Best Interests of the Child

Every state has some form of the best interests of the child standard. In family law, the law firm or attorney who is representing you should give you a walk through of what to expect. It’s a good idea to hire a family law lawyer from a law firm or private practice to assist you in a matter involving family and domestic issues. Rem...

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