Child Custody Laws - To Protect the Child
Posted by admin on Mar 12, 2010
Divorces are so common in society these days that court rooms are just filling with child custody cases. There are several child custody laws that vary from state to state, so for more detailed information it is always a good idea to check your state laws. Number one priority of these laws is naturally to protect the child and try to give him or her the best possible conditions for a happy life. Unfortunately in some cases it seems that the only ones benefiting are the lawyers. Joint custody is always preferred but unfortunately not always possible so knowing a one or two things about this issue might come in handy.
The laws for child custody cases are there to protect the child’s rights, that is always the first priority. They are designed to prevent the custody going to abusers of drugs or alcohol, since that sort of an environment is never suitable for a child to grow in. The other important aspect of these laws is to prevent the child from getting into an environment where there is clear mental or physical abuse.
To understand child custody law it is good to know that there are two kinds of custody in the eyes of the law, physical and legal custody. Physical custody is where the children are residing. For example if the child lives with his or her mother, this means that the mother has the physical custody of the child. Sometimes during the holiday months the child leaves one parent to live with the other. In those situations physical custody moves from one parent to the other. Unlike physical custody, legal custody doesn’t have anything to do with the residence of the child, at least in theory.
Having legal custody gives a parent rights to make or be part of making important decisions concerning the child. These include decisions regarding things like health, education, and general well being issues. In most cases both the physical and legal custody are with the same parent, unless the parents have a joint custody.
Child custody laws can vary significantly between different states, so you definitely want to look up what are the specific laws in your state.
By: Charles Gordon
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Child Custody Questions Pondered
Posted by admin on Mar 9, 2010
Every parent that has a child or children and splits up from their husband, wife or partner has the same concern and question. These are child custody questions. They want to know and should research what will go on in the battle for child custody. You should try and work out between yourselves a child custody agreement you both can live with. Otherwise the custody battle can get ugly.
The judge when hearing a case about the custody of a child wants to know first and foremost, which parent is really putting the child’s best interests first and doing their best to keep their kids out of the custody fight. The she said this and he said that approach is a sure way to loose favor with the courts as judges hate that . By developing a plan and having a history of putting the child or children first will really go a long way to winning favor in the courts.
Another child custody question is visiting rights for the parent that does not have custody. These rights are determined by the courts. The schedules for visitation can vary a great deal depending on the circumstances. A typical schedule could be anything depending on the work hours of the parents. It could be every other weekend, 4 weeks in the summer, every weekend etc. Having both parents in the lives of the children is always in the best interest of those children. Unless of course there was some kind of abuse going on.
In the case of parent who commits violence visitation may be allowed, but only if the judge believes that certain measures can be taken to make sure the child is going to be safe. This may consist of visits that are supervised.
When you have child custody questions it is always a good idea to consult a lawyer. The lawyer has taken an oath to take you, his/her clients interests , and promote them. This is even if it effects the interests of others. Before seeking the services of a lawyer, there is something you can do. Do research on your own. This will give Ideas and have you better prepared for the long road ahead. I am all for joint custody unless it puts the child in danger from one of the parents. One parent being absent from a child’s life sets up this situation. The parent with custody is left to do all the work raising the child and disciplining them. The parent who does not see their child or children that much is usually seen as the “fun one.”
By: William Rigby
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