| A child custody proceeding is any case involving child | | | | parents. Some states award joint custody in which |
| protection, adoption, guardianship, termination of | | | | the judge simply divides the child's time between the |
| parental rights or voluntary placement of your child. | | | | parents. Joint custody does not mean simply |
| The support order will be based on the child's needs, | | | | alternating where the child lives from time to time. In |
| obligor's ability to pay, custody arrangements and the | | | | fact, there may be legal joint custody, but the child |
| child support guidelines. The Criminal Code makes it an | | | | may live with only one parent. |
| offence to abduct a child to spite a custody order. A | | | | Legal child custody includes the right to make |
| custody order establishes both the custody and | | | | decisions about the child's education, religion, health |
| parenting time arrangement for the children. Your | | | | care, and other important concerns. A child may be |
| child custody order is also confidential. | | | | placed in foster care while a custody case is pending. |
| When an unmarried mother has a child, the mother | | | | Legal custody means the right to determine the |
| has legal custody of that child until a court says | | | | child's upbringing, including education, health care, and |
| otherwise. | | | | religious training. |
| During divorce, marriage, or annulment proceedings, | | | | Physical custody and residence means the routine |
| the issue of child custody often becomes a matter | | | | daily care and control and where the child lives. |
| for the court to determine. The Court must consider | | | | Physical child custody is awarded to one parent with |
| the following factors in every child custody decision | | | | whom the child will live most of the time. In most |
| under the law regarding the best interest of the child. | | | | cases, both parents continue to share legal child |
| The court retains the power to alter the custody | | | | custody but one parent gains physical child custody. |
| arrangements until the child turns 18 or is | | | | There is also a presumption that it is in the child's |
| emancipated. | | | | best interest to be in the custody of a parent over a |
| You may contest custody, child support, and alimony | | | | non-parent. |
| and property division by appearing in court and filing | | | | Visitation rights allow the non-custodial parent (the |
| appropriate legal papers. At the hearing, the court | | | | person without child custody) time to spend with |
| shall hear evidence to determine whether the child | | | | their child. A common arrangement is that one parent |
| custody and support determination should be | | | | gets custody of the child and the other parent is |
| modified. The fact that one parent has been the | | | | given visitation rights. |
| child's primary caretaker is often considered but is | | | | Evaluation |
| not enough to guarantee a custody award. It is not | | | | A child custody evaluation is a report written by a |
| that unusual for middle class parents to spend | | | | neutral professional about you, the other parent, and |
| $60,000 on a divorce and child custody fight. | | | | your children. It is usually not necessary that formal |
| Traditionally, divorce in the United States results in | | | | psychological tests be administered to each parent in |
| one parent being awarded primary custody and | | | | the context of a child-custody evaluation. The |
| decision making for a child. | | | | primary purpose and focus of the custody and/or |
| Rights | | | | visitation evaluation is to determine what is in the |
| Each parent shares the rights and responsibility for | | | | best interests of the child. Comprehensive child |
| the care, custody, companionship, and support of | | | | custody evaluations generally require an evaluation of |
| their children. Some states, such as Arizona, have | | | | all parents/guardians and children, as well as |
| fathers rights groups specifically dedicated to helping | | | | observations of interactions between them. The |
| fathers obtain custody of their children for example). | | | | children are also evaluated in a custody/visitation |
| Definitions | | | | evaluation. |
| Custody means that a parent has legal custodial | | | | Attorney |
| rights and responsibilities toward the child. | | | | Because of the complexity of child custody matters |
| Joint child custody means that both parents have the | | | | and the importance of the outcome, it may be |
| legal custodial rights and responsibilities toward a child. | | | | advisable to contact an attorney. The attorney |
| Joint custody allows both parents to have a say in | | | | should know several child custody evaluators or |
| the child's upbringing. There is no evidence to support | | | | guardian ad litems that they have worked with |
| that a presumption of joint custody is in the best | | | | successfully. If you proceed with a child custody |
| interests of children. A study found that only when | | | | action without an attorney, you are acting as your |
| parents were still actively fighting did joint custody | | | | own attorney. |
| exacerbate children's feelings of being torn between | | | | In a child custody dispute, there are rarely winners, |
| parents. However, when both parents favor joint | | | | frequently everyone is a loser, and the biggest losers |
| custody, it can be a good solution for the children. | | | | are often the children. When women fear losing |
| Some parents have chosen a joint-custody | | | | custody of children the stress can be overwhelming. |
| arrangement in which the child spends an | | | | However, in many cases, women are favored as |
| approximately equal amount of time with both | | | | holding custody of their children. |