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A number of factors go into determining what child custody arrangement should be made when the parents of a child are no longer living together. While the input of the child and the child’s desires may be one of the factors considered in certain instances, it is not generally going to be the deciding factor.
→ Read MoreIn a custody dispute, if one parent is mentally ill, the court will assess whether that mental illness impacts his or her fitness as a parent. If it does, that parent may be awarded limited visitation rights, or even denied access to the child unless or until he or she gets help and becomes fit to parent.
→ Read MoreAllegations of domestic violence are almost always relevant in child custody proceedings, especially when the violence is directed towards or occurs in the presence of minor children.
→ Read MoreAs a general matter, the religion of one parent or the other does not enter into the decision regarding child custody. In fact, religion really should not be considered by the court in most cases, as the United States is founded upon the premise of freedom of religion, a freedom that is protected in the Constitution. However, while religion generally cannot be a deciding factor, there may be certain instances where religion is one consideration that the court thinks about when assessing custody.
→ Read MoreAn extramarital affair might have an impact on custody, but only if it in some way impacts the court’s determination regarding what is in the best interests of the child. An affair alone will not disqualify you from obtaining custody or visitation, but it also will not help you to convince the court that you are a solid, stable and responsible parent.
→ Read MoreWhen making a decision about child custody, family law courts favor stable living arrangements rather than disruptive change. After a custody decision has been made, a court may modify child custody only if there has been a material change of circumstances that suggest it is in the best interest of the child to change custody from one parent to the other.
→ Read MoreIf a custody arrangement is in place and one of the parents wishes to modify it, he or she will need to prove that there has been a material change in circumstances. A material change in circumstances is something that alters the conditions of the child’s life significantly enough that it may change the court’s decision on what was in the best interests of the child.
→ Read MoreWhen a child custody agreement is in place, that agreement is legally binding and both parents must share the child according to the terms of that agreement. If you decide you want to change child custody, you can’t make a unilateral decision to do so. This means if both parents do not agree on a modification, you’ll have to go to court and convince the court to change child custody.
→ Read MoreIf you have received a petition for a child visitation modification from your child’s parent, you will need to respond quickly. Unless you agree with the petition to modify child custody, you will need to file a response to the petition that may include a form that you can get from the court where the petition was filed and a ‘declaration’ which will let the court know the facts of the case and evidence that it will need to make a ruling. You will need to convince the court that changing the visitation schedule as requested by the other parent is not in the ‘best interests’ of the children.
→ Read MoreEvery child custody case begins with filing a petition and paying a filing fee with the local clerk of the court. Before you turn over money for a filing fee, make sure you have located the proper court in the proper jurisdiction. As a general rule, most states require child custody cases to be filed in the county or parish where the child resides. You should file your child custody case in a district or family law court.
→ Read MoreFind the right lawyer for your legal issue.
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