Working out a parenting agreement that covers child
custody and visitation can be difficult, especially when Child custody and legalguardianship are legal terms there’s animosity between you and the other parent. which are used to describe the legal and practical Whether you’re recently separated and looking to relationship between aparent and his or her child, learn the basics of types of custody or you’ve had an such as the right of the child to make decisions and open case for years that needs modifications due to the parent's duty to care for the child. life changes, you can find resources here. FindLaw’s Following ratification of the United Child Custody and Visitation section has information Nations Convention on the Rights of the Child in most and resources on a wide variety of topics to help you countries, terms such as "residence" and "contact" through your child custody case. (known as "visitation" in the United States) have superseded the concepts of "custody" and "access". Types of Child Custody Instead of a parent having "custody" of or "access" to There are several types of child custody. First, joint a child, a child is now said to "reside" or have custody is where both parents share parental rights "contact" with a parent. For a discussion of the new and the living arrangements of their child. Courts international nomenclature, see parental generally prefer joint custody, but sole custody, where responsibility. only one parent or guardian has the physical and legal custody over a child, is a possible arrangement as Residence and contact issues typically arise in well. Physical custody refers to sharing a home with a proceedings involving divorce (dissolution of child and handling his or her day-to-day care. Legal marriage), annulment, and other legal proceedings custody refers to the right to make important where children may be involved. In decisions on your child’s behalf, including those most jurisdictions the issue of which parent the child related to health care, religion, and education. will reside with is determined in accordance with the best interests of the child standard. How to Obtain Custody of Your Child In most states, family courts determine child custody Family law proceedings which involve issues of arrangements based on what is in the best interests of residence and contact often generate the most the child. So how is that decided? The courts look at a acrimonious disputes. While most parents cooperate number of factors in making this determination, such when it comes to sharing their children and resort to as the parents’ desire and ability to care for the child, mediation to settle a dispute, not all do. For those that the emotional bond between the child and both engage in litigation, there seem to be few limits. Court parents, the adjustment needed if the child has to filings quickly fill with mutual accusations by one move to a new area, and, if old enough, the child’s parent against the other, including sexual, physical, wishes. and emotional abuse, brain-washing, parental alienation syndrome, sabotage, and manipulation. It is Frequently, parents or other adults who have raised a these infrequent yet difficult custody battles that child will be required by the court to take part in become public via the media and sometimes distort mediation. In mediation, you can discuss what you the public's perceptions so that the issues appear want, any problems you’ve had exchanging the child more prevalent than they are and the court's response from one home to the next, and anything else that’s appear inadequate. relevant to the situation. Hopefully, you can come to a Forum shopping to gain advantage occurs both resolution everyone can live with. Otherwise, the between nations and where laws and practices differ judge may make a parenting plan that neither parent between areas within a nation, The Hague is happy with. However, it’s important to note that if Convention seeks to avoid this, also in the United there was domestic violence in your relationship with States of America, the Uniform Child Custody the other parent, you may be able to skip mediation. Jurisdiction and Enforcement Act was adopted by all 50 states, family law courts were forced to defer Child Custody Problems jurisdiction to the home state. Sometimes issues arise where a parent keeps a child when it’s not his or her turn to care for the child. In some places, courts and legal professionals are Occasionally, a parent claims a child on their taxes beginning to use the term parenting schedule instead after it had already been established that the other of custody and visitation. The new terminology parent would claim the child. When these problems eliminates the distinction between custodial and arise, it’s never the solution to stop paying child noncustodial parents, and also attempts to build upon support; that will only hurt you in the end. Instead, a the best interests of the children by crafting schedules child custody modification may be needed. that meet the developmental needs of the children. For example, younger children need shorter, more Hiring a Child Custody and Visitation Lawyer frequent time with parents, whereas older children Going to court for anything can be emotionally and teenagers may demand less frequent shifts yet draining, but for cases involving your child, it can be longer blocks of time with each parent. extremely difficult to keep calm and ensure everything you need to tell the judge is covered. With an experienced attorney advocating for your rights as a parent, you’re more likely to get the custody and visitation agreement you and your child want.