Most courts use a regular method when deciding which parent the child should live with. The method has the kids best welfare when coming to a decision about who among the caregivers can the child live with. At times, as part of th child custody assessment tools, courts can order a drug test to be done on both parents and if a parent refuses, the consequences are severe.
Can custody be given to only one parent? This is not a certain outcome. Partial custody can be awarded to both parents which is also called joint custody. It takes three forms. Joint physical custody whereby they spend times with the kids, joint legal custody in which both parents participate in decision making and the last one takes both joint physical custody and joint legal custody.
In the past, custody was awarded to mothers especially of children below five years. But in the recent years most states consider the physical fitness of both parents. Courts will most likely award custody to the parent who has the best interests of the child disregarding the gender. Most divorced parents agree the mother to have custody while the father maintains the visitation rights.
In cases whereby one parent moves and leaves to another place and in the process leaves them behind, the court will decide in favor of the parent who was left with them. The reason is that that the one who left will be considered unfit to raise up the children no matter the reasons he had for leaving. Also, no judge will be willing to change the location of the kids.
A parents routine will also determine if he/she can get custody or not. A parent that smokes and consumes alcohol is considered unsuitable to live with these children since their health will be at risk. This is not the best environment for any child. Other social factors will also be considered. A judge will not grant custody to a parent who has been accused of child abuse before.
Before getting custody, one has to be able to provide in general a good stable environment for the kids. The parent has to be able to give them the basic necessities like shelter, food clothes, a nice home and basic medical care. It will also depend on the bond a child has with the parent. A parent with a strong bond with their kids will most definitely get custody.
Is the sexual orientation of the guardian likely to deter one from getting custody? This decision varies from state to state. Some states do not consider a persons sexuality a hindrance to living with the kids or visiting them. In others, the judge has to consider the stigmatization of these youngsters in case the children ends up with their gay parent.
Sometimes, all these dynamics does not favor a parent over the other. What will the court do? The other option for the court is to consider the guardian who will nurture a better bond between the children and the other parent who will not get custody. Most likely the parent will be the primary caregiver since birth and can give the same lifestyle to the children as they are used to.
Can custody be given to only one parent? This is not a certain outcome. Partial custody can be awarded to both parents which is also called joint custody. It takes three forms. Joint physical custody whereby they spend times with the kids, joint legal custody in which both parents participate in decision making and the last one takes both joint physical custody and joint legal custody.
In the past, custody was awarded to mothers especially of children below five years. But in the recent years most states consider the physical fitness of both parents. Courts will most likely award custody to the parent who has the best interests of the child disregarding the gender. Most divorced parents agree the mother to have custody while the father maintains the visitation rights.
In cases whereby one parent moves and leaves to another place and in the process leaves them behind, the court will decide in favor of the parent who was left with them. The reason is that that the one who left will be considered unfit to raise up the children no matter the reasons he had for leaving. Also, no judge will be willing to change the location of the kids.
A parents routine will also determine if he/she can get custody or not. A parent that smokes and consumes alcohol is considered unsuitable to live with these children since their health will be at risk. This is not the best environment for any child. Other social factors will also be considered. A judge will not grant custody to a parent who has been accused of child abuse before.
Before getting custody, one has to be able to provide in general a good stable environment for the kids. The parent has to be able to give them the basic necessities like shelter, food clothes, a nice home and basic medical care. It will also depend on the bond a child has with the parent. A parent with a strong bond with their kids will most definitely get custody.
Is the sexual orientation of the guardian likely to deter one from getting custody? This decision varies from state to state. Some states do not consider a persons sexuality a hindrance to living with the kids or visiting them. In others, the judge has to consider the stigmatization of these youngsters in case the children ends up with their gay parent.
Sometimes, all these dynamics does not favor a parent over the other. What will the court do? The other option for the court is to consider the guardian who will nurture a better bond between the children and the other parent who will not get custody. Most likely the parent will be the primary caregiver since birth and can give the same lifestyle to the children as they are used to.
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