When parents separate or divorce, one of the top complicated and emotionally charged issues is child custody. It is natural to feel overwhelmed and confused, especially when trying to protect your child’s best interests. To help, here are five common child custody-related questions answered by a well-experienced family lawyer.
1. Who Gets Custody During a Divorce?
This is the usual Child custody FAQ. People are always eager to ask, “Will I get custody?” The answer is not always simple. Custody can be broken into two.
Legal custody refers to the right to make major decisions for the child, such as religion and education. Physical custody is where the child lives, or rather, their primary address. Both types can be granted solely to one parent or shared between both.
Contrary to common misconceptions, courts do not automatically favor one parent over the other because of things like gender and religion. Instead, they focus on what arrangement will best serve the child’s physical, emotional, and psychological needs. Joint custody is common if both parents are capable and willing to co-parent effectively.
2. What Factors Do Judges Consider When Deciding Custody?
Custody decisions are not random. Judges use a set of criteria to decide what is best for the child. Some of the key factors include:
* The child’s age and developmental needs
* Each parent’s ability to provide a stable home
* The emotional bond between a parent and a child
* Any history of domestic violence, substance abuse, or any abuse
* The child’s preference, though this mainly depends on age
No two custody cases are similar. Sometimes, even siblings have different custody arrangements with the same parents. Even if one parent has the financial upper hand, the emotional environment and parenting history are very important in court.
3. Can Custody Orders Be Changed Later?
Absolutely. Custody arrangements can be changed, but only under specific circumstances. Only a court can grant custody modifications. If one parent wants to modify an existing order, they must prove that a substantial change has occurred since the original order was made.
This could be a parent relocating, a major job change, or concerns about a child’s safety and well-being. Even with all these, a court will still not grant a modification unless it believes the new arrangement is in the child’s best interest. The process requires filing a motion in court and, in some cases, going back to court.
4. What Happens If One Parent Violates the Custody Order?
When one parent fails to follow the custody order, it is considered a violation, which has serious legal consequences. This can be by either refusing to return the child, denying visits, or constantly being late.
The other parent can document the violations and request a court hearing. A judge might choose to enforce the order, modify the custody arrangement, or, in severe cases, hold the violating parent in contempt of court.
If you are dealing with repeated violations, don’t take matters into your own hands. Speak with an attorney or file a complaint with the court.
5. Do Unmarried Parents Have the Same Custody Rights?
Unmarried parents do have custody rights. For mothers, custody is assumed at birth. But, for fathers, paternity needs to be legally established, which can be voluntarily court-ordered. Once paternity is established, the court will evaluate the situation, focusing on the child’s well-being.
In most states, in unmarried couples, custody automatically goes to the mother unless the father petitions for custody. Custody can be granted if the mother is unfit or paternity is proven.
Conclusion
Child custody issues can be difficult, but not impossible. The key is to understand your rights, focus on your child’s needs, and get legal advice from an experienced attorney.