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.
There have been questions of whether custody can only be awarded to one parent. It can be awarded to both parents and its called partial custody or in most cases, joint custody. Physical joint custody is when they get to have equal time with the kids. Legal joint custody is when both parents are responsible for deciding about matters concerning the kids. Sometimes its both custodies.
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.
There are instances when one parent moves out and leaves the children with the other parent. This will hurt the chances of the parent who moved out to get custody of the children. This is because he has already sent out a message that he is not suitable for physical custody. The judge will also be reluctant to change the physical 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.
To be able to live with your child, there are a lot of requirements you have to fulfill as a parent. You should be living in a fixed location so that you do not have to change your kids to be living in an environment they are not familiar with. You have to provide for the kids the basics like food, clothes and medical care. Your emotional bond with the kids has to be strong.
Can a parents sexual orientation affect in getting custody or visitation rights? This solely depends on a state. In some, a persons sexual orientation cannot prevent one from getting the custody of the children or being denied visitation. In some states however, judges will decide while considering the communitys prejudices and where the kid will be more comfortable.
How does the court decide in cases whereby all the factors favor both parents and none is better than the other? The court will have to contemplate which parent will most likely develop a good relationship with the other parent when given custody. The parent has to give the child the same lifestyle he is used to.
There have been questions of whether custody can only be awarded to one parent. It can be awarded to both parents and its called partial custody or in most cases, joint custody. Physical joint custody is when they get to have equal time with the kids. Legal joint custody is when both parents are responsible for deciding about matters concerning the kids. Sometimes its both custodies.
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.
There are instances when one parent moves out and leaves the children with the other parent. This will hurt the chances of the parent who moved out to get custody of the children. This is because he has already sent out a message that he is not suitable for physical custody. The judge will also be reluctant to change the physical 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.
To be able to live with your child, there are a lot of requirements you have to fulfill as a parent. You should be living in a fixed location so that you do not have to change your kids to be living in an environment they are not familiar with. You have to provide for the kids the basics like food, clothes and medical care. Your emotional bond with the kids has to be strong.
Can a parents sexual orientation affect in getting custody or visitation rights? This solely depends on a state. In some, a persons sexual orientation cannot prevent one from getting the custody of the children or being denied visitation. In some states however, judges will decide while considering the communitys prejudices and where the kid will be more comfortable.
How does the court decide in cases whereby all the factors favor both parents and none is better than the other? The court will have to contemplate which parent will most likely develop a good relationship with the other parent when given custody. The parent has to give the child the same lifestyle he is used to.
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