the legal terminology for child custody generally refers to shared physical custody
Child custody, the legal terminology for which refers to the responsibilities and duties of both parents involved in the child’s life, is an important topic to discuss when separating couples. It is not uncommon for a mother to be awarded sole custody of her child, but this is not always the case. Generally, the legal terminology for child custody generally refers to shared physical custody, which usually includes a substantial amount of time with the child and substantial amounts of the child’s time with the other parent. However, all states now routinely use a more limited form of child custody referred to as joint physical custody. This is favored by many courts today, because it gives each parent the opportunity to be involved in their children’s lives while giving the other parent less access.
Often, joint child custody is decided upon fairly quickly after a divorce case has been filed. Once the paperwork is filed in the appropriate county courthouse, the mother and father can meet with the judge to discuss the specifics of the arrangement. At this meeting, the judge will review the children’s schedules and make certain that the schedule fits both parents’ needs. There may also be some information regarding education and healthcare needs that need to be discussed, particularly with regard to the mother.
The parents will also have to decide who will receive custody
In many cases, this decision will be made by the court.The court will ask the mother and father to submit documentation about child custody, as well as their own. The judge will make its own decision about who gets custody, although the mother and father will likely be involved in the process from the beginning. The mother and father can also petition the court to change the custodial arrangement, though this too requires a great deal of court documentation and comment from the court.
While joint child custody can work well in many cases, there are some circumstances that may indicate a preference for sole parental care. The most common example involves a history of physical or sexual abuse by one or both parents. If a parent has abused a child, it is very likely that the parent will be seen as unfit to care for the child, even if that parent does not admit wrongdoing. The court will often award sole physical and legal custody, making it impossible for the other parent to obtain visitation or care with the child. The courts have also ruled that parental kidnapping occurs when one parent coerces a child to leave the state with the children.
to prevent visitation by preventing the noncustodial parent from removing the children from the house
In addition to the parental kidnapping scenario, there is also the “protective gate-keeping” scenario. The protective gate-keeping principle is designed to prevent the custodial parent from coming to know that the noncustodial parent has placed the child in the home. This includes placing warning stickers on a vehicle indicating that the vehicle is “visited by a stranger.” This could serve to prevent visitation by preventing the noncustodial parent from removing the children from the house.
Regardless of the visitation rights that each parent has, the court will attempt to strike an equitable balance between visitation and providing each parent with the necessary contact with the child to facilitate positive relationships. The visitation rights that each parent has will be considered in the overall plan. If one parent has more frequent contact with the child than another parent, that parent will likely be awarded more frequent visitation rights. Likewise, if one parent is less frequently available to the child, that parent may lose overall visitation rights.