If parents divorce, child custody is a significant concern. With the exception of extreme circumstances court orders, children are expected to remain in close contact and with parents.
In deciding child custody Judges consider a variety of elements. This includes the living and parenting arrangements of both parents. They also consider all issues that might impact the health for the child.
Living arrangements
Child custody issues can be one the most emotional aspects of divorce. It's important since it determines what your divorce process will be and the way you deal with your kids afterward. Child custody arrangements may be established by a parenting agreement or dictated by a judge. To be approved the arrangement needs to be agreed upon by the parents.
The courts consider many factors when deciding what is best the child's needs. They consider the way of life of the parents, their ability and stability, as well as the capacity to look after a child. The judge also takes into consideration the history of domestic violence as well as whether the child is risky in either home.
In the majority of cases, it is preferable that both parents have close relationships with their kids and participate in the decision making process. However, there are times when important changes in your life may cause this to change. If you have to move because of changes to your job or because of economic concerns, it may influence your custody arrangement. Similarly, if you experience serious illness and have to stay home for many hours in your home, it can affect your custody.
Many parents feel it is easier than their child to be rooted in one home during a teenager's teenage years. Some parents choose an agreement for joint custody over the shared custody arrangement.
The fact that parents share physical custody does not necessarily suggest that both parents will get to spend time equally together with children. But, it does need both parents to be capable of staying overnight. In these cases, it can be helpful for parents to develop an attainable schedule that fits perfectly with their job as well as family obligations.
If a judge has to decide on joint physical custody, it will be looking at how home is sized, and whether they will be able to house the parents and children. The amount of bedrooms and bathrooms in the house should accommodate all persons who live there. Additionally, a judge will often look at potential security concerns like weapons within the dwelling or insecure living conditions, which are dangerous to the development of the child.
Child Custody Evaluation
An evaluation of child custody involves an evaluation of the health, safety and welfare done by a mental healthcare expert (an evaluation expert). The judge uses the report to decide child custody laws on the parenting plan. The evaluation will make a recommendation as to the best way to be able to share sole or joint physically and legally custody of your children.
Your spouse, partner, as well as other important adults in the life of a child are questioned by the evaluater. This includes relatives, friends and babysitters. A child custody assessor will often interview both the parents and children. Interviews are typically conducted under the supervision of a lawyer to protect your rights.
If they conduct an evaluation on custody of children, psychologists have to adhere to a set of strict ethical guidelines. In particular, they have to be able to explain their process and gain an informed consent from everyone involved. The documentation of the sources used for the evaluation is also required. They should also disclose incomplete details, inaccurate or lacking data that could compromise the credibility of their conclusions.
According to the situation the attorney can choose either an expert or the judge will provide you with an approved list of evaluations. In either case, ask your lawyer for the evaluator's history and experience with your type of instance. For instance, some assessors are specialized in the evaluation of the cases of children with special needs.
You should be respectful and courteous whenever you are with an evaluator. You should not try to trick or "trick", the evaluator or be a bit odd. It can be counterproductive and could have a negative effect on your assessment.
Treat the interviewer as you would an employee at your job interview. It means dressing professionally while being punctual as well as honest. Evaluations are looking for evidence of parental alienation. The reason for this is that the parent poisons their child's brain against their parents who are different. A evaluator might suggest more parenting time or family therapy in the case of the parent who is being targeted.
Always treat a child custody assessment as a serious matter. There could be implications long-term for your child custody arrangements.
Child Aid
In the event of a divorce, decisions must be made about the place where children are to live, what kind of care they'll receive as well as how often parents will get to see the children. Parents may reach the terms of their own agreement on those issues, a court usually will issue a legally binding order in which they are specified. Parents can also ask a judge to enter an order requiring one parent or both parents to pay child support.
The rules for child support vary according to the state. In general, however, courts consider the net incomes of both parents to determine what amount of monthly child support must be given. Judges review every case individually and make specific assessments of the child's need, including those related to the child's health and education. The court will generally determine the number of hours per week each parent works and the costs each of them incurs, including the cost of housing, food, clothing expenses for children and childcare, as well as costs associated with keeping other children in the household.
In some states custodial parents can request support on behalf of their child from parents that aren't custodial. They can also meet on an informal basis to provide support. It is the Law Department can assist with the filing of a claim for child support, or in modifying or enforcing the existing orders. The department will make arrangements for the parent with custody rights to be informed in writing of the date for court, and in most cases, parents are permitted or required to make court appearances by telephone.
There is a well-established fact that continuous, consistent child support arrangement is beneficial. Families with regular assistance are less likely than other families to have to rely on welfare, food assistance as well as Medicaid. This helps cut the cost of public spending. Kids who can access both of their parents will be more active and engaged in their child's lives.
The Law Department can assist in establishing or modifying an order for support where both parties live in the five boroughs that comprise New York City. Additionally, we can assist a custodial parent seek support from a parent who is not custodial and lives in a different state or country. Our Law Department works with the local child support organization to implement the court's decision.
Visitation
Most of the time, parents divorced are not in agreement about where their children should reside. In most cases, it is recommended that parents find a way to agree on custody and visitation independently. A judge decides what's most beneficial for the child in cases where parents are unable to come to an agreement. The judge will take the testimony of both sides, and will request a report by a psychiatrist or social services agency. The court will determine whether to award sole physical custody or jointly with the parent who is not joint. A judge will give a schedule of visitation to the parent who is not physically in custody.
In deciding on a custody arrangement the judge looks at each parent's life style, the stability of their lives, and their ability to provide to and oversee the child. If the child has an opinion, the judge will take into consideration it. It's a generally good decision for both parties to hire a legal professional. Lawyers can help ensure that everyone is aware of their rights, and assist them to find a fair, lasting contract.
A judge could choose to give broad visitation rights to the parent who is not in custody of the child. Parents who are not custodial is able to have visits with their child on weekend, over holidays, or for several weeks. Children may also participate in the decision-making process if the judge awards an order of legal joint custody.
When the court feels that children's safety is at risk, the child's supervision visits can be requested. A supervisor might be parent, a relative or a professional company. Sometimes, it is used when the parents and children haven't seen each other in a long time, and they'll need some time to know each other again.
If one of the parents violates a custody or visitation order which the court has made and is found to be in violation, the parent could find them in contempt of court. The situation will vary, but the violating party might be imprisoned or fined. Parents are advised to consult a lawyer before they decide to fight with their children. If the parties are on the same page that they are in agreement, a lawyer will help them form a parenting plan that is in line with their personal and schedules.