When a couple divorces, a plethora of problems arise, mainly if children are involved. Decisions on child custody and visiting rights are critical parts of the process, with several factors influencing the result. Some of these issues are self-evident, while others are not.
custody of a kid
According to current research, joint custody may be better for a child’s general psychological health and well-being. Still, every scenario is different, and this is not always practicable or suitable for the children involved.
Here are some questions for your youngster to consider. Custody lawyer.
UNDERSTANDING JOINT, LEGAL, AND PHYSICAL CHILD CUSTODY
There are numerous custody arrangements and agreements to consider in every divorce involving children. These are some examples:
- Physical custody
- Legal custody
- Joint custody
- Parenting plans
The parent with whom the kid or children will reside is referred to as having physical custody.
The parent with legal custody is the one who has the legal ability to make critical decisions about the child’s health, education, and religious upbringing.
In general, courts are hesitant to intervene with parent-child ties unless one of the parents is found to be abusive, neglectful, or dangerous. If such difficulties are not demonstrated, courts commonly compel each parent to discuss and make significant choices together (jointly).
The result of dual legal custody is that each parent has a veto over the other parent in crucial decisions. If the parents disagree on significant choices, the courts may delegate
decision-making authority to one of them. For example, if parents have previously opposed critical medical issues, one parent may be ordered to be entirely accountable for those types of major decisions. However, the court may still order parents to collaborate on other choices, such as selecting a private school. Parents who agree on parenting plans generally make all choices together.
Even if one parent has exclusive legal and physical custody, some overlap is to be anticipated. If the kid lives with just one parent, that parent makes all day-to-day choices. For example, if a kid has the flu and their parent is not their legal custodian, they typically do not require permission from the custodial parent before taking the child to Urgent Care.
If parents are developing a parenting plan jointly, they are ready to discuss arranging their time with their kids after determining who makes the choices. So they–or the courts if they can’t agree–set out a time each week for each parent. They also make time for each parent during vacations and school holidays. Some parents set aside time for important occasions like their children’s birthdays.
In addition to specifying who has legal and physical custody of the kid, the parenting plan will contain financial arrangements for the child or children. This includes monthly child support obligations (child support). They also specify how to distribute particular expenditures such as gymnastics, private school tuition, or other expenses relevant to the kid or children. Parenting plans also specify who pays the premiums for the child’s health, dental, and vision insurance and how deductibles and co-pays will be divided.
WHAT IMPACTS CHILD CUSTODY DECISIONS
There are clear and less apparent answers to what influences child custody choices. In the end, the courts grant custody to the parent, who can establish that they will offer the most extraordinary environment for the kid.
Courts will examine the following factors in making this determination:
- Any evidence of abuse, domestic violence, or neglect
- Parent’s employment status
- The mental and physical well-being of the child as well as the parents
- The level of attachment between the child and their current environment
- The strength of the parent-child connection
- The school district and neighborhood of primary residence
Custody agreements might be reached collaboratively or via a full-fledged court battle. If both co-parents want physical or legal custody, the court must hear arguments detailing the reasons for complete control and be supplied with proof supporting each parent’s claim. In these cases, the most prevalent categories of acceptable evidence are:
- Witnesses
- Journals
- Text messages
- Voicemails
- Emails
- Letters
- Photographs
- Recordings (audio and visual)
- Schedules
- Financial records
- Medical records
- School reports
- Police reports
If the kid is old enough to express their choice, the court will consider it. This is more common in children over 10, although it has been seen in children as young as eight. The older the kid, the higher the influence their choice has on a custody decision made by a court.
CHILD VISITATION ARRANGEMENTS
Parenting time, often known as visitation, is a restricted custody in which the kid spends time with the noncustodial parent. This may be mandated by the court or included in the parental agreement.
Sometimes, the noncustodial parent has defined times when they will visit the kid.
Sometimes the court decides that the noncustodial parent is a danger to the kid and orders that visitation be monitored to protect the child’s safety and well-being. The state pays for supervised visits.
In many cases, the noncustodial parent can access educational/training options. These may be useful if the noncustodial parent later decides to reconsider or modify custody arrangements.
Unsupervised visits are set in the parenting plan, in which the custodial parent transfers the kid into the care of the noncustodial parent for a predetermined length of time—say, every other weekend. The specifics and timetables are defined, and any deviation without contact and approval from the custodial parent may result in more restrictive visits.
Custody is an exhausting emotional issue that parents must contemplate when emotionally exhausted. The main thing is always to do what is best for the kid while respecting both parents’ rights as much as possible.
If you have any queries concerning child custody agreements, please call Paducah Family Law.
