Child Custody
Child custody is a legal term that refers to the decision of which parent will have physical or legal control of a child. It is a complex area of family law and often requires the help of an experienced attorney to obtain the best possible outcome for your case.
The Court's Best Interest Analysis
When a judge makes a custody determination, they are trying to determine what is in the best interests of the child. They take into account a wide range of factors to ensure that they make the most informed and objective decision possible.
Among the most common factors that are considered by courts when determining what is in the best interests of a child are: The age and health of the children involved, their relationship with each other and their siblings, their school performance, and their safety. The court will also consider any mental health issues the child has had in the past, and will look at how these might affect their future development.
The Children's Needs and Continuity
In most states, the court will award custody to a parent who has provided the child with a stable home life. This might be the parent who has always been the primary caregiver or who has maintained a strong bond with the child. The court might also lean in favor of the parent who has a history of nurturing and fostering continuity with the child's education, neighborhood life, religious life, and peer relationships.
A parent's previous behavior in a custody matter might be a significant factor in a judge's decision, particularly if the behavior is threatening or abusive to the other parent. A parent's conduct in court can indicate whether they are able to be reasonable and cooperative with the other parent, which is important for their chances of getting more time with their child.
The Parents' Religious Upbringing
The parents' religious upbringing will play a role in custody determinations if the children have been raised as members of different religions. A court will usually favor the parent who can maintain the child's religious upbringing and instruction, regardless of which religious tradition is more appropriate for the family.
Domestic Violence and Supervised Visitation
A court can order supervised visits between the child and a parent if there are concerns about their safety. This is often done when a parent has been arrested or charged with a crime, when the child has had a difficult time adjusting to a new environment, or when it is believed that the child may be physically or emotionally abused by the other parent.
Even if a court orders supervised visits, the visitation is not necessarily permanent. It can be changed at any time, but it will usually only be changed if there has been a substantial change in circumstances since the last custody or visitation order was ordered.
If you are concerned that your case may require supervised visits, contact an experienced child custody lawyer to help you. They will know how to prepare for the visits and will be able to assist you in obtaining the most beneficial outcomes for your case.
