| A child custody proceeding is any case involving | | | | child spends an approximately equal amount of |
| child protection, adoption, guardianship, termination | | | | time with both parents. Some states award joint |
| of parental rights or voluntary placement of your | | | | custody in which the judge simply divides the |
| child.The support order will be based on the child's | | | | child's time between the parents. Joint custody |
| needs, obligor's ability to pay, custody | | | | does not mean simply alternating where the child |
| arrangements and the child support guidelines. The | | | | lives from time to time. In fact, there may be |
| Criminal Code makes it an offence to abduct a | | | | legal joint custody, but the child may live with only |
| child to spite a custody order. A custody order | | | | one parent.Legal child custody includes the right to |
| establishes both the custody and parenting time | | | | make decisions about the child's education, religion, |
| arrangement for the children. Your child custody | | | | health care, and other important concerns. A child |
| order is also confidential.When an unmarried | | | | may be placed in foster care while a custody |
| mother has a child, the mother has legal custody | | | | case is pending. Legal custody means the right to |
| of that child until a court says otherwise.During | | | | determine the child's upbringing, including education, |
| divorce, marriage, or annulment proceedings, the | | | | health care, and religious training.Physical custody |
| issue of child custody often becomes a matter | | | | and residence means the routine daily care and |
| for the court to determine. The Court must | | | | control and where the child lives. Physical child |
| consider the following factors in every child | | | | custody is awarded to one parent with whom the |
| custody decision under the law regarding the best | | | | child will live most of the time. In most cases, |
| interest of the child. The court retains the power | | | | both parents continue to share legal child custody |
| to alter the custody arrangements until the child | | | | but one parent gains physical child custody. There |
| turns 18 or is emancipated.You may contest | | | | is also a presumption that it is in the child's best |
| custody, child support, and alimony and property | | | | interest to be in the custody of a parent over a |
| division by appearing in court and filing appropriate | | | | non-parent.Visitation rights allow the non-custodial |
| legal papers. At the hearing, the court shall hear | | | | parent (the person without child custody) time to |
| evidence to determine whether the child custody | | | | spend with their child. A common arrangement is |
| and support determination should be modified. The | | | | that one parent gets custody of the child and the |
| fact that one parent has been the child's primary | | | | other parent is given visitation rights.EvaluationA |
| caretaker is often considered but is not enough to | | | | child custody evaluation is a report written by a |
| guarantee a custody award. It is not that unusual | | | | neutral professional about you, the other parent, |
| for middle class parents to spend $60,000 on a | | | | and your children. It is usually not necessary that |
| divorce and child custody fight. Traditionally, | | | | formal psychological tests be administered to each |
| divorce in the United States results in one parent | | | | parent in the context of a child-custody evaluation. |
| being awarded primary custody and decision | | | | The primary purpose and focus of the custody |
| making for a child.RightsEach parent shares the | | | | and/or visitation evaluation is to determine what is |
| rights and responsibility for the care, custody, | | | | in the best interests of the child. Comprehensive |
| companionship, and support of their children. Some | | | | child custody evaluations generally require an |
| states, such as Arizona, have fathers rights | | | | evaluation of all parents/guardians and children, as |
| groups specifically dedicated to helping fathers | | | | well as observations of interactions between |
| obtain custody of their children for | | | | them. The children are also evaluated in a custody |
| example).DefinitionsCustody means that a parent | | | | visitation evaluation.AttorneyBecause of the |
| has legal custodial rights and responsibilities toward | | | | complexity of child custody matters and the |
| the child.Joint child custody means that both | | | | importance of the outcome, it may be advisable |
| parents have the legal custodial rights and | | | | to contact an attorney. The attorney should |
| responsibilities toward a child. Joint custody allows | | | | know several child custody evaluators or guardian |
| both parents to have a say in the child's | | | | ad litems that they have worked with |
| upbringing. There is no evidence to support that a | | | | successfully. If you proceed with a child custody |
| presumption of joint custody is in the best | | | | action without an attorney, you are acting as |
| interests of children. A study found that only | | | | your own attorney.In a child custody dispute, |
| when parents were still actively fighting did joint | | | | there are rarely winners, frequently everyone is a |
| custody exacerbate children's feelings of being | | | | loser, and the biggest losers are often the children. |
| torn between parents. However, when both | | | | When women fear losing custody of children the |
| parents favor joint custody, it can be a good | | | | stress can be overwhelming. However, in many |
| solution for the children. Some parents have | | | | cases, women are favored as holding custody of |
| chosen a joint-custody arrangement in which the | | | | their children. |