What is child custody?
Child care and guardianship refers to the practical and legal relationship between a parent and his child, the care and decisions for the child. The concept of the terms "custody" "access" or "visit" is now replaced by the words "residence" and "Contact." Instead of the courts that one parent has "custody" for a child, the child is now so "live" with that parent.
Child care is an issue that usually rises from events such as divorces, annulments and legal actions concerning children. Common law that a child born within a marriage is the joint guardianship of their parents and the law of the father or mother to child custody after their separation is equal.
But the questions that residence and contact will be based on what the court regarded as positive for most of the interests of the child. In fact, lawyers are already on the custody and visitation rights as a "Parenting Plan" to avoid any negative connotations about the distinction between the parent and child custody to the parent who is not the case.
Who decides?
Most laws regarding child care are state laws. In the event of a divorce, it is the competent court in proceedings that determine which parent or guardian receives child custody. In most cases, parents with children under 18 years must file for custody in the event of a divorce or annulment. For children under 21 years of age, both parents will be asked to support under the Child Support Standards Act.
Who gets custody?
Child care is determined on the basis of what the court believes "in the best interest of the child or children. In those cases the parents or legal separation, the court decide which parent is better able to meet the needs of the child. Child Custody child-centered methods and standards for the deprivation of liberty awards are for the protection of the child.
As long as there is no evidence of wrongdoing on the part of the father or mother, their right to child care are the same. For this reason, the parent company of the history, mental state, financial performance and the relationship with his child if the court makes a decision.
In the case of married parents the custody of the submission or divorce, custody of their child or children will automatically switch between them, albeit temporarily. Sole custody of a parent will only be awarded if the court finds evidence that it is really for the welfare of the child.
The court may also schedule specific times, by both parents, depending on the needs of the child. Older children and adolescents in need of more time with each parent and not frequent switching between guardians. Younger children, on the other hand, have shorter and more frequent periods with each parent.
Issues affecting one parent to request custody of a child
Some questions are raised by the court as evidence that a parent is unfit to the custody of his children, including the use of alcohol, drugs and illegal substance, mental disorder, desertion, unwillingness or inability to participate in the care of the child and family abuse.
Both examples of past and present abuse or neglect will be considered by the courts to determine which parent is best suited to the custody of the child. However, this presumption is rebutted and the abusive parent in question, they could in the court if he or she so desires.
For a child to unmarried parents, it is the mother who automatically gets custody unless a family court decides otherwise. If the Court finds evidence that parents can be the shared responsibility and can be used both for the welfare of the child, both parents (if they agree), with joint physical or joint custody.
Bob Janeway is owner of the http://childcustody.knowsmart.com/ an up-to-date website for child custody information.
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