Posts tagged with "Child custody"

DOES RELIGION PLAY A ROLE IN CHILD CUSTODY?

Under the First Amendment to the United States Constitution, both parents have a right to practice religion or not practice religion as they see fit. A judge is not supposed to make value judgments about whether a child is better off with or without religious training or about which religion is better. If a child has been brought up with particular religious beliefs and religious activities are important to the child, a court might favor promoting continuity in the child’s life, but the court should not favor religion per se. 

In some cases, a parent’s unusual or non-mainstream religious activities may become an issue. Normally, a court should not consider a parent’s unusual religious practices in deciding custody or visitation unless specific harm to the child is shown. If, because of a parent’s religious beliefs, a parent has not given the child needed medical care or has tried to convince the child that the other parent is evil and should not be associated with, that could be a basis for placing custody with the parent whose religious conduct does not harm the child. 

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CAN I BE RESPONSIBLE FOR CHILD SUPPORT AS A STEPPARENT?

The responsibilities of a stepparent depend on state law. A stepparent usually is not required to pay child support for a spouse’s child from another marriage, unless the stepparent has adopted the child. Until then, the child’s biological parents are liable for the child’s support. Some states, however, make stepparents liable for the stepchild’s support as long as the stepparent and stepchild are living together. 

A stepparent who does not adopt a spouse’s child normally may not claim custody of the child if the marriage ends in divorce, although some states allow a stepparent to seek visitation. 

A stepchild usually does not share in the estate of a stepparent, unless the stepparent has provided for the stepchild in a will. However, an unmarried stepchild under eighteen may receive supplemental retirement benefits or survivor’s benefits under Social Security. 

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COURTS POSITION ON UNDERMINING A CHILDS RELATIONSHIP WITH OTHER PARENT

Most states declare a specific policy favoring an ongoing, healthy relationship between the child and both parents. If one parent is trying to undermine the child’s relationship with the other parent, that is a negative factor against the parent who is trying to hurt the relationship. If other factors are close to equal, a  court may grant custody to the who is more likely to encourage  an open and good relationship with the other parent

Similarly, if a custodial parent regularly interferes with visitation, that is a negative factor against the custodial parent and can lead to modification of custody to the noncustodial parent (assuming the noncustodial parent is able to properly care for the child). 

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DOES THE COURTS HAVE A BIAS AGAINST HOMOSEXUAL RELATIONSHIPS IN DETERMINING CHILD CUSTODY

The impact of a parent’s homosexual relationships on custody decisions varies dramatically from state to state. Courts in many states 

are more willing to assume harmful impact to a child from a parent’s homosexual relationship than from a heterosexual relationship. On the other hand, some states treat homosexual and heterosexual relationships equally and will not consider the relationship to be a significant factor unless specific harm to the child is shown.  Continue reading

DOES A CHILD’S PREFERENCE PLAY A ROLE IN CUSTODY

The wishes of a child can be an important factor in deciding custody. The weight a court gives the child’s wishes will depend on the child’s age, maturity, and quality of reasons. Some judges do not even listen to the preferences of a child under the age of seven and instead assume the child is too young to express an illformed preference. 

A court is more likely to follow the preferences of an older child, although the court will want to assess the quality of the child’s reasons. If a child wants to be with the parent who offers more freedom and less discipline, a judge is not likely to honor the preference. A child whose reasons are vague or whose answers seem coached also may not have his or her preferences followed. 

On the other hand, if a child expresses a good reason related to the child’s best interest-such as genuinely feeling closer to one parent than the other the court probably will follow the preference. Although most states treat a child’s wishes as only one factor to be considered, two states (Georgia and West Virginia) declare that a child of fourteen has an “absolute right” to choose the parent with  whom the child will live, as long as the parent is fit. 

Custody/Visitation After Divorce

Child custody is the right and duty to care for a child on a day-to-day basis and to make major decisions about the child. 

In sole custody arrangements, one parent takes care of the child most of the time and makes major decisions about the child. That parent usually is called the custodial parent. The other parent generally is referred to as the noncustodial parent. The noncustodial parent almost always has a right of visitation a right to be with the child, including for overnight visits and vacation periods. 

In joint custody arrangements, both parents share in making major decisions, and both parents also might spend substantial amounts of time with the child. 

What factors affect child custody?

The laws relating to custody emphasize the best interest of the children. Both natural and adoptive parents may not ordinarily be denied custody unless there is gross parental unfitness. 

There are numerous factors considered by the court in making custody and visitation determinations. Such factors include age, physical, mental and emotional health of the child or parent, and the quality of the home environment, including continuity, stability and security in the child’s home. Other factors that are considered include the primary caretaker status of a parent (which may not necessarily override other factors), whether a parent has made unfounded allegations of abuse, and the recognition (or lack thereof) of the importance that a child have a relationship with the non-custodial parent (alienation). Custody is not awarded after a child has attained the age of eighteen. (Note, however, that the statutory “cut-off” for child support, absent other agreement of the parents, is twenty-one years of age). When custody is contested, the court may appoint an “attorney for the child” (formerly called a “law guardian”) to represent the child(ren). This person is a lawyer who will interview the children (if age appropriate) and represent the child(ren)’s wishes to the court. If the child is of a young age this person is required to make a recommendation to the court concerning the custody arrangement. 

What are the forms of child custody?

The most common forms of custody are sole custody, which gives one parent authority to make all decisions, and joint custody, which often refers to parental sharing of major decisions concerning child rearing. Legal custody refers to the authority of one or both parents to make decisions as to the child’s health, education, welfare and other interests. Physical custody describes the physical residence of the child. For example, one parent may have sole physical custody while the parents have joint legal custody. Regardless of the custody label, parents have great latitude to determine a custody arrangement by entering into a written custody 

How Does Civil Law Differ from Other Areas of Law?

There are dozens of other branches of law. Administrative law deals with the rules and regula- tions that govern governmental agencies. Admiralty law governs the law of the sea. Bankruptcy law is concerned with discharging debts through court proceedings. Criminal law focuses on punishing lawbreakers. Domestic law involves divorces, alimony, and child custody issues. Civil law is different than these other areas of law in several important respects. For instance, civil cases differ from the previously mentioned types of cases in all of the following ways: 

What You Need To Know About Child Custody and Visitation

WHAT IS AN ORDER OF CUSTODY?

An order of custody gives responsibility for the child’s care, control, and maintenance to one or both of the child’s parents or to another party.  The court may not decide issues of custody and visitation if the child is 18 years or older.

WHO MAY FILE A PETITION FOR AN ORDER OF CUSTODY?

A person who has an interest in a child’s well-being and has some connection or relationship with the child may file a petition in the Family Court requesting that the court place the child in his or her custody. The petition should be filed in the county in which the child resides, so long as the child as been residing in the state for the past six (6) months. A copy of the petition and a summons must be delivered personally to (served on) the person or parties who have custody of the child. If the child’s parents are separated and one parent seeks a custody order, that parent must have the papers served on the other parent. If a non-parent is seeking custody of the child, then both the child’s parents must be served.