If you have no idea about child custody and visitation then read further to know about it.
What are the types of custody arrangements?
There are different types of Custody arrangement which totally vary from family to family and the circumstances they are in. Other than that, here are some of the common types of custody arrangements that you should know about.
- Sole legal custody and sole physical custody that belongs to one parent
- Sole physical custody and joint legal custody
- Joint physical custody and joint legal custody
- Sole legal custody and joint physical custody.
The judge decides the custody, along with visitation schedule of the non custodial parent in order to maintain a healthy relationship with the child. A League City divorce lawyer can be hired for any type of custody arrangement that would favor a party.
Who Is Responsible To Decide The Custody?
In most of the cases, the parents are the ones who drive the case of custody which is later on presented to the court. This is one of the easy ways that can help to get a fair decision where two parties decide and understand their responsibility about what to do after filing for the divorce.
On the other hand, when the conflict or disagreement between the couple takes place, in this case the judgement is passed in the hands of the court who decides the custody and visitation of the parents accordingly. The judge first investigates and keeps specific factors in mind especially the well being of the child before making a fair decision which both the parents need to follow.
What Is The Procedure That The Court Follows to Make The Custody Decision?
When deciding the custody of the child, the priority is given to the child. This may vary from one case to another but mostly depends on the factors mentioned below,
- The gender, age, and overall health of the child which includes both mental and physical well being
- The mental and physical condition of the parents along with their social and lifestyle considerations are kept in mind
- Besides that, the emotional bond that the child shares with the particular parent.
- Eligibility of the parent so that he or she can provide the child fully and the child is taken well care of.
- Child’s existing living pattern and education factors are considered as well that he or she follows in the present situation
- Preference of a mature child and impact on the child with the changing status quo.
When these factors favor more towards one parent than the other, the custody is handed over to that particular parent. If the child is older in age then the custody is given to the parent who can provide education, support religious institutions and peer relationships as well.
In what ways a custody arrangement can be modified?
Child custody has been given utmost importance in many states but it is quite difficult to modify it. Besides that, the court also understands that there could be changes in the lives of the parents or the situations they are in which may lead to updating the custody orders in the future. This is why the modification is not impossible at all.
In order to change or modify the custody arrangement a parent needs to show that the custody no longer serves any kind of benefit to the child or there has been changes in the living conditions which is impacting the child’s life negatively. After this only the judge will apply the mentioned conditions and considerations above over again to modify the existing custody.
Frequently asked questions
Will the custody belong to just one parent ?
In most cases custody belongs to both parents when joint custody is initiated where the child spends substantial time with both the parents. Other than that, if the child is not save around the particular parent, then the custody is not given but visitation is granted in some cases.
Does custody given by the court favors mothers more than it does to the fathers?
Earlier it was a rule where the children up to age five had to live with their mother as per the custody rules. But now in most states, custody favors the parent who is more eligible to take care of the child giving the utmost priority to the child’s well being.
Does moving out leaving the child behind affects that particular parent from receiving custody in the future?
In most cases, leaving the child and moving out would surely affect the parent’s chance to receive custody in the future. It is important that the parent leaves a message to the court informing that the other parent is more suitable for custody and he is giving up custody for some time.
Does being a gay or a lesbian effects the child custody or visitation factors in the eyes of the court?
In most situations, yes it might effect as the court may deny the gay parents when it comes to custody
The main goal is the physical and mental wellbeing of the child. Court always keeps the sexual orientation of the parents in mind if it affects the child in a negative way.
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