Child custody is a legal terminology regarding legal responsibilities that are used to describe a legal relationship between a caregiver and a minor in that individual’s care. This involves physical, legal, and emotional relationships. Child custody is not a matter of will. The court does not decide who will get custody, only a judge does. A child custody case decides which parent will have the child; it is not a matter of who has the more desirable lifestyle or where they live.
The primary parties in child custody are the parents. The grandparents may be involved in the child custody process as well. The child custody agreement involves all parties, including those who are not parties to the original divorce action. Child custody decisions include the names of both parents, and their address, phone numbers, and any other information that would be helpful to the parents. The judge will make his decision about which parent he believes should have custody.
To obtain custody, one parent must first obtain the court’s custody order. A custody order consists of several parts, including a temporary custody order, a permanent custody order, a final decree, and a modification. Once the court receives the written application for custody, it will hold a hearing to determine if the application is accepted. If so, the court will make a final decree stating who will have the child.
Temporary custody arrangements are usually temporary. This means the children will spend a certain amount of time with each parent. A court may grant a temporary custody arrangement until the final custody determination has been made. The judge may approve a separation agreement between the parents. If this occurs, and the divorce action is still pending, then the court will make the final custody arrangement.
The final custody order will include the particulars of all visitation and custody obligations. This includes when the parent has to be in contact with the child (and when the child can have time with each parent). The judge will also consider factors such as the ability of each parent to provide for the physical needs of the child. Each parent will be evaluated in terms of their parenting plan. All information and documentation related to the case will be documented in the court order.
In most cases, the parents will agree on the visitation schedule. However, if the parents are unable to agree, they will go back to the judge and have him make a decision. There are some custody cases where the parents need to present separate custody agreements. In these cases, the judge will look at the unique circumstances of each parent and decide on the best and fairest schedule.
Once the judge decides on the custody agreement, he will send it to the parties for approval. The parents should check to see that the court-ordered custody agreement addresses their best interests and does not violate the child’s best interests. If the parents are not able to agree, they should immediately get a mediator to assist them in the process. The mediator is a neutral party that helps both parents communicate with one another and reach an agreement.
Child custody is an important decision. It impacts your child’s life and the lives of those that matter most. When you and your ex-spouse decide to go to court, you should take time to research your options and work with a lawyer who has experience in this area. A good lawyer can help you win more than half of the cases that are contested in the courts today.