Today’s Articles December 13, 2011
- Shared Custody Arrangements
The family law court always favors custody decisions that are in the “best interests of the child” and as such can spell out the rights and duties of parents where shared custody (technically referred to as ‘joint conservatorship’) has been granted.
Shared Custody is a complex balance to get right, but if you want to avoid interference from the courts and make your custody arrangement work for the best interests of your son or daughter, plenty of planning will be necessary to determine how to make the move between the two homes as smooth as is feasible.
An example of a good method in a joint conservatorship is to set up a jointly agreed upon system of house rules in both family homes. Often parents are tempted to instantaneously change rules that were a source of frustration during the marriage or that remind them of their estranged partner. Such inconsistencies though can be upsetting for the child, and even push them to accommodate their behaviour between homes.
As a result, children can become very shrewd at pleasing or even manipulating states of affairs between the homes for their own benefit in situations where parents are still emotionally vulnerable. This is not because children are in essence mischievous but is simply a survival strategy. A child needs consistency of rules and schedules between homes, for both personal peace and for their healthy emotional and physical development.
Developing this consistency may require routine phone calls and meetings between parents to establish the needs of the child and the working out of a plan together, so that there are clear expectations and little room for emotional manipulation. Ensure, as far as is possible, that both homes are in agreement on rules regarding bedtimes, tv viewing, internet use and going out with buddies.
As your child grows, these rules will, of course, need to be revisited together and alterations implemented co-operatively. In truth, parents who go into a joint custody arrangement because they are truly looking to the best interests of the child need to put in the stage in your life that you spent necessary to make it work. They also need to be happy to change the agreement should the needs of the child change.
When a child decides that he or she would now like to spend more time in the home of one particular parent, there is regularly an impossible guilt that they feel over choosing one parent above the other. Parents need to be proactive in freeing their child from this guilt by making it explicit that the arrangements have been set in place to serve their best interests and not your own, and that you are therefore always open to alter them.
Study in this area still suggests that most children are more settled in one permanent residence. Parents often see joint custody as an agreement that satisfies their ‘rights’, but the danger is that the child’s needs will be lost sight of in the process. Shared Custody is workable, and it can work splendidly, but, as in any custody arrangment, a willingness to be flexible and to put the child first are the central keys to success.
For more information on Making shared custody work:
http://www.custodyrights.org
- How the legal system settles Child Custody
A child custody proceeding is any case involving child protection, adoption, guardianship, termination of parental rights or voluntary placement of your child. The support order will be based on the child’s needs, obligor’s capacity to pay, custody arrangements and the child support guidelines.
The Criminal Code makes it an offence to kidnap a child to spite a custody order. A custody order sets both the custody and parenting time arrangement for the children. Your child custody order is also confidential.
When an single mother has a child, the mother has legal custody of that child until a court states otherwise.During divorce, marriage, or annulment proceedings, the issue of child custody often becomes a matter for the court to clarify. The Court system must take into account the following factors in every child custody decision under the law regarding the best interest of the child. The court retains the power to change the custody arrangements until the child turns 18 or is emancipated.
You may contest custody, child support, and alimony and property division by appearing in court and filing appropriate legal papers. At the hearing, the court shall see evidence to establish whether the child custody and support determination should be altered. The fact that one parent has been the child’s primary carer is often considered but is not ample to guarantee a custody award.
It is not that unusual for middle class parents to spend $60,000 on a divorce and child custody dispute. Traditionally, divorce in North America results in one parent being awarded primary custody and decision making for a child.
Each parent shares the rights and responsibility for the care, custody, companionship, and support of their children. Some states, like Arizona, have fathers rights groups specifically dedicated to helping fathers obtain custody of their children (arizonafathersrights.com for example).
Custody means that a parent has court custodial rights and responsibilities toward the child. Joint child custody means that both parents have the legal custodial rights and responsibilities toward a child. Joint custody permits both parents to have a say in the child’s upbringing.
There is no evidence to support that a presumption of joint custody is in the most helpful interests of children.
A study found that only when parents were still actively fighting did joint custody exacerbate children’s feelings of being torn between parents. However, when both parents favor joint custody, it can be a good solution for the children. Some parents have chosen a joint-custody arrangement in which the child spends an approximately equal amount of time with both parents. Some states award joint custody in which the judge simply divides the child’s time between the parents.
Joint custody does not mean simply alternating where the child safety from time to time. In fact, there may be lawful joint custody, but the child may live with only one parent. Legal child custody includes the right to make decisions about the child’s education, religion, health care, and other important concerns. A child may be placed in foster care while a custody case is pending. Legal custody means the right to determine the child’s upbringing, including education, health care, and religious training.
Physical custody and residence means the routine daily care and control and where the child lives. Physical child custody is awarded to one parent with whom the child will live most of the time. In most cases, both parents continue to share legal child custody but one parent gains physical child custody. There is also a presumption that it is in the child’s best interest to be in the custody of a parent over a non-parent.
Visitation rights allow the non-custodial parent (the person without child custody) time to spend with their child. A common arrangement is that one parent gets custody of the child and the other parent is given visitation rights.
A child custody evaluation is a report written by a neutral professional about you, the other parent, and your children. It is usually not necessary that formal psychological tests be administered to each parent in the context of a child-custody evaluation. The primary purpose and focus of the custody and/or visitation evaluation is to determine what is in the best interests of the child.
Comprehensive child custody evaluations generally require an evaluation of all parents/guardians and children, as well as observations of interactions between them. The children are also evaluated in a custody/visitation evaluation.
Because of the complexity of child custody matters and the importance of the outcome, it may be advisable to contact an attorney. The attorney should know several child custody evaluators or guardian ad items that they have worked with successfully. If you proceed with a child custody action without an attorney, you are acting as your own attorney.
In a child custody dispute, there are rarely winners, frequently everyone is a loser, and the biggest losers are often the children.
For more facts on Child Custody Law, visit us at http://www.custodyrights.org/child-custody-issues—7-tips.php