You are entering a child custody battle and it is a very stressful time. One of the stresses that really bothered me when I went through the process was not knowing: Not knowing what to expect. Not knowing how to fill out forms. Not knowing where to turn for answers. Some of the most common questions that people have about the custody process and answers follow. I hope this helps to take some of the stress out of you battle.
1.) Do courts automatically give custody to the mother?
No, not automatically. In the past many states awarded younger children, five and under, to the mother. This was sometimes refered to as “the tender years doctrine” and implied that mothers were the best parent
for children at this younger age. Most states have rejected this concept and now require their courts to determine custody based upon the best interest of the children regardless of age.
2.)If I don’t get custody of my child what happens?
You may still win partial custody of your child. This is called “Joint Custody”. Parents can be awarded a combination of custody including joint physical custody, where the child spends a specified amount of time with each parent, joint legal custody where major life decisions concern the child are shared( such as medical, religious, and educational decisions), or a combination of both.
All states provide for the possibility of awarding joint legal custody. However, not all states will award joint physical custody. The states that do, often require both parents to agree to joint custody and to submit a parenting plan to support their parenting intentions.
Three states, Idaho, New Mexico and New Hampshire, require the courts to award joint custody except in situations where the best interest of the child is not served.
3)What do the courts take into consideration when making a custody or visitation decision?
The courts give the child’s “best interest” the highest priority. One of the priorities that the courts consider is the stability of the child in familiar surroundings such as home,school and community. The judge may look for continuity in the child’s life. This might include living in the same house that the child grew up in, going to the same school or church, and having access to both parents.
Other factors that judges may consider include:
The child’s age, gender, and health.
The parent’s ability to provide for the physical, emotional and spiritual needs of the child.
The willingness of the custodial parent to involve and allow the involvement of the other parent in the child’s life.
The ability of the parent to give the child guidance and direction.
Child custody battles are streesful enough without having to deal with the unknown. I hope that these answers help you to understand the road ahead.
