Queens Child Support Lawyer
As parents divorce, the divorce ruling will specify who between the divorcing couple will live with the children. The court will also clarify the circumstances under which the other parent can visit the children. Frequently, agree on these arrangements between themselves, either voluntarily or with the help of a mediator or their attorney. There are cases where some parents fail to agree on child custody; the court may intervene and provide a decision based on the child’s interest. Here are some decisions care options that may arise out of child custody ruling. The court’s decree on child custody always favors the interest of the child.
Physical and legal custody
Often the court awards physical custody to one parent who will live with the child for most of the time. However, in many cases, the custodial and noncustodial parent will share legal custody of the child. Legal custody implies that the parent has the right to decide on the child’s important aspects of life such as healthcare, religion, education, etc.
Some parents may opt for a joint custody agreement in which the child spends almost equal amount of time with each parent. Those who advocate for this arrangement say it minimizes the feeling of loss that the child may experience during divorce. Some, however, think that is for the child to have a single home, with the noncustodial parent allowed to visit the child at their liberty. The critics say that the arrangement requires maximum cooperation between parents. Often courts may fail to recognize joint custody agreement unless the two parents agree on the arrangement and can cooperate and make joint decisions for the sake of the child.
This arrangement has it that one a single parent has custody of one or more of the couple’s children and the other parent takes care of the others. Many people do not prefer this option, and even the courts do not prefer to isolate siblings when giving their decree.
In the case of an unmarried couple, often the statute will award sole physical custody to the mother unless the father moves to court to be granted the custody. In many cases, an unwed father cannot win custody of the child, particularly when the mother is a good parent. However, the unmarried father will take priority over others that include relatives, foster parents, or potential adoptive parents.
Factors considered when making custody decisions
The courts consider various factors when deciding who will have the custody of the children. Often the courts will make a ruling in favor of the child’s interests. However, such a decision may be hard to determine. Often the courts will consider which parent has played the role of primary caretaker to the child. For the case of grown children, the court will consider their preference when establishing a custody decision. While the concerns of the child remain constant, here are some factors that judges analyze to come to their conclusion.
- The child’s wishes but if the child is old enough to express their preference
- Physical and mental health of the parents
- Cultural and religious considerations
- Need for a continued stable home environment
- Evidence of drug use, alcoholism, or sex abuse by the parents
- Signs of emotional abuse by parent
- Excessive discipline by parents
- Adjustment to school
- Connections and interrelationship with other household members
- The support and opportunities available to the child from interacting with members of the extended family of either parent.