Child Custody

What is kid custody?
kid custody & guardianship refers to the practical & legal relationship between a parent & his kid, which includes caring & making decisions for the kid. The idea of the terms 'custody' 'access' or 'visitation' have now been replaced by 'residence' & 'contact'. in lieu of the courts stating that a parent has 'custody' of a kid, the kid is now being said to 'reside' with that parent.

kid custody is an issue that usually rises from incidents such as divorces, annulments & legal actions that involve babies. Common statutory provisions state that the kid born within a wedding will get the joint guardianship of the parents & the right of either parent to the child's custody after their separation is equal.

Who decides?
Most laws regarding kid custody are state laws. In case of a divorce, it's the court which has jurisdiction over the proceedings who will choose which parent or guardian gets kid custody. In most cases, parents with babies under 18 years of age will be necessary to file for custody in case of divorce or annulment. For babies under 21, both parents will be mandated to provide support following the kid Support Standards Act.

However, the issues involving residence & contact will be determined based on what the courts see as the most positive for the child's interests. In fact, legal professionals are already referring to custody & visitation as 'parenting schedule' in order to remove any negative connotations about the distinction between the parent who gets kid custody & the parent who does not.

Who gets custody?
kid custody is determined on the basis of what the court deems 'in the best interests' of the concerned kid or babies. In cases of parents or guardians separating, the court will settle on which parent will be better able to provide for the child's needs. kid custody proceedings are child-centered & the standards for custodial awards are designed for the protection of the kid.

As long as there is no proof of misconduct on the part of either parent, their rights to kid custody are thought about equal. For this reason, the parent's history, mental state, financial capability & relationship with his or her kid will be thought about when the court has to make a call.

The court may also schedule specific periods to be followed by both parents, depending on the needs of the kid. Older babies & those in their teenagers may require longer time spent with each parent & don't need frequent shifts between guardians. more youthful babies, on the other hand, may require shorter & more frequent periods spent with each parent.

In the case of married parents filing for custody or divorce, legal custody of their kid or babies will be automatically shared between them, albeit temporarily. Sole legal custody to one parent will only be awarded if the court finds proof that it's for the child's best interests.

Both past & present evidences of abuse or neglect will be thought about by the courts to choose which parent is best suited to have custody of the kid. However, this presumption is rebuttable & the abusive parent may challenge it in the court if she or she so wishes.

Issues that may affect a parent's request for kid custody
Some issues will be thought about by the court as proof that a parent is unfit to have custody of his or her kid, including use of alcohol, drugs & unlawful substance, mental disorder, desertion, unwillingness or inability to participate in the child's care & relatives abuse.

For a kid with single parents, it's the father who automatically gets custody unless a relatives court decides otherwise. If the court finds proof that the parents can perform joint responsibility & can both provide for the child's best interests, both parents (if they agree) may be awarded with shared physical or shared legal custody.