Types of Child Custody
Navigating through the custody process is emotionally taxing and often confusing. You don’t have to navigate this process alone. The experts at Law For All can help you avoid high attorney fees and provide fast, affordable help. When determining the amount of time a parent, guardian or other family member can spend with a child, many courts defer to the “best interests of the child.” Judges are not permitted to base their decisions based on the gender of either party, and must instead consider the health, safety and welfare of the child.
Judges are also required to decide if the child would benefit from frequent and continuing contact with one or both parents. If you do not have a court order in place, then you will need to get one to enforce your custody rights and time-share with your child.
Unfortunately, when a family unit is dissolved or separated, custody can get complicated and divisive. While each parent or family member is looking out for the child, many times it’s difficult for parties to come to an agreement.
As part of a divorce proceeding or a paternity action, the Family Court can order custody and visitation. In some states, grandparents may also pursue custody as part of a guardianship action.
Custody actions are centered on the primary residence of the child. The judge will take into account many different elements when making his decision, including the age of the child, the financial situation of each parent, and any and all other factors that can impact the health and safety of the child. Judges can, and often will, defer to previous agreements crafted by the parties involved, so it is best to begin by attempting to establish a cooperative relationship with the other parent.
Custody options include full custody and joint custody, with physical custody and legal custody as additional subcategories of the court order. Either party can modify initial orders at any time with an Order to Show Cause or Custody/Visitation Agreement Order.
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