When divorced parents split, they face a host of complex issues related to the custody and care of their children. It is essential for parents to understand the nuances of their state’s child custody laws and how they may impact their specific situation. This article provides an overview of some of the most common child custody issues.
The definition of “custody” varies by state, but in general terms it refers to the decision-making and visitation rights for a parent. A court can award sole legal custody to one parent, joint legal custody or a combination of both. In most cases, a judge will prefer that both parents be actively involved in the life of a child.
Legal custody gives a parent the right to be involved in decisions involving important aspects of the child’s life such as schooling, religious practice, medical care and extracurricular activities. The judge may decide to award sole legal custody to one parent if there is evidence that one parent poses a threat to the child’s safety. This could include a history of domestic violence or drug abuse.
Physical custody refers to where the child will live, usually divided into equal periods with each parent. The judge will also determine whether a non-custodial parent has visitation rights.
A judge may award joint physical custody if the parents are able to communicate well enough to make decisions about their child’s health and welfare. However, this arrangement is often less stable than a sole custody arrangement over time.
If the judge awards one parent sole physical custody, this means that the child will reside primarily with that parent. This arrangement is rarely granted and is generally reserved for situations where the other parent is a significant danger to the child’s health or well-being.
Financial standing plays a significant role in custody arrangements, but not as much as one might assume initially. A judge will consider the parent’s ability to provide a safe and comfortable living environment for the child, as well as the parent’s current income. However, a court’s primary concern will always be the child’s safety and best interests.
Supervised visitation is a form of visitation that requires the child and parent to be monitored by another adult or professional agency. This is sometimes used when there are concerns about the child’s safety or if the parent has not seen their child for a long time and needs some time to get re-acquainted. The judge will review all the facts of the case and decide if supervised visitation is in the child’s best interest. A judge can also deny a parent visitation completely if they believe it would be harmful. Having a lawyer familiar with the intricacies of child custody law can help parents better understand their options and protect their rights. This is why it is important to hire an experienced Miami divorce & family lawyer in a timely manner when filing for child custody. Attempting to file child custody forms without an attorney can result in delays and other complications.
