Child Custody Laws
Wednesday by: AndreaOne of the things that makes divorce so very difficult is when there are children who will be affected by it for the rest of their lives. Deciding who has custody of the children is up to the judge if the parents cannot agree or are unable to make the decision. If the parents are able to agree on scheduled visitations and who has custody, then the judge will abide by their decision, but not until both parents have met with a mediator from Family Court Services.
There are two types of custody: Legal Custody and Physical Custody
The person who has legal custody of a child is the one who makes important decisions for that child, such as health care, education, religion and extracurricular activities. Legal custody can be sole or joint. Sole legal custody means that one parent makes all of these decisions. Joint legal custody means that both parents make these decisions together. Good communication between the parents is required for joint legal custody to work well.
Physical custody is the person the child actually lives with. Often, the judge will grant legal custody to both parents, but physical custody to only one parent. Then, visitation is decided, which is basically a time sharing plan. Usually, the parent who has physical custody will have more than half the time with the children, with visits to the other parent. A schedule is worked out between the parents as to when the children will spend time with each parent. Again, if an agreement cannot be made between the parents, the judge will decide.
Supervised visitation happens when the safety of the child needs to be monitored. The parent with legal custody, another adult, or an agency professional are required to be with the parent while they spend time with the child. There are many reasons for this necessity, such as unfamiliarity with the parent due to long absences, physical or mental abuse, or even the risk of abduction of the child. Past history will help the judge decide if supervised visitation is necessary.
Unfortunately, there are times when no visitation rights are granted. This is done only when it is proved that the children will come to harm physically or emotionally if they have contact with the parent or parents.
The judge will make decisions based on what is in the best interest of the children. Factors that help the judge decide “best interest” are the age and health of the children and of the parents. If the ability of one parent is compromised due to physical or mental health, they may not be considered to be able to take care of the children. Also considered are the emotional bonds between the children and each parent, as well as ties to the children’s community – their school, home and religious affiliations. Family history is a very important factor since abuse and violence are not safe for the children.
Divorce is not easy, especially for the children involved. Getting sound legal advice is very important. Contact the law offices of Rizio and Nelson, who will guide you through the process.
