How is Child Custody Determined?

Posted by admin on April 27th, 2006

When parents can not agree who should have custody of their children the court must decide. Many times, parents can decide with any involvement of the courts. But, there are times when parents can not agree and then the court must make the decision based on where they believe the children will be better cared for.

When you go to have to go to court for custody of your children, the judge and state with look at a lot of things. They will look at both you and you spouse’s capabilities for raising the children. The court will look at your mental and physical health. They will look and see if you can meet your child’s needs. The court will look at what your child wants if they are old enough to understand. The court will look at each possibility the children will have in either home. Where they will go to school and how they will be living. By looking at all these things, they will try to see which parent can give the most of their time and love, and which parent can provide the best for the child’s overall health. If one parent is granted sole custody, they will have to make every last decision that affects that child. Sole custody means that parent is the only parent that can make decisions regarding the child.  If the judge grants joint custody of the child, both parents will be making the decisions for the child or children. Parents will have to set times and days where they will share the children and make sure the children see both of their parents evenly.

Both parents will go to trial and the judge will inform them of their duties as a parent and the state will make sure the parents can uphold their duties. A person from the court may be sent out to the family’s home to check up on how each parent and child interacts. This person will determine the mental and emotional state of each person in the house. If this person finds that there are problems in the house, it will hurt the parent’s chances of getting custody of their children. Be prepared for the visits and for the trial date.

The court can decide who should receive custody during the divorce proceedings, if at a later date either parent may file for custody of their children if their circumstances change.

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