Determining Child Custody: Who Has the Legal Custody?
In deciding custody cases, courts often look to one parent’s ability to provide a stable and nurturing environment for the child, as well as the child’s relationship with the other parent. While a primary caregiver may be awarded custody, an older child’s preference may lie with the parent who can ensure continuity in schooling, neighborhood life, and religion. In some cases, courts may award joint custody. Listed below are some of the most common custody arrangements.
Parent relocation: Changing the location of the child’s primary residence can interfere with visitation and custody arrangements. Moving to a new city may disrupt the child’s routine, or the parent might be afraid of non-compliance with visitation arrangements. Either way, a judge may order the relocating parent to return the child to the former residence. Without a court order, the relocation will not be enforced. Depending on the circumstances, the court may also grant one parent physical custody and the other legal custody.
Legal custody refers to the rights and responsibilities of a parent with custody of a child after a divorce. In such cases, the parent with legal custody has the right to spend time with the child. Legal custody is a broad term that involves decisions about the child’s welfare and education. Sole custody, on the other hand, is the right of one parent to make decisions regarding the child. This legal custody arrangement is often referred to as “custodial custody.”
In some situations, a parent can be held in indirect contempt of court if he or she does not comply with a court order. Most child custody decisions are made by the state and the courts are guided by the standards of what is in the best interest of the child. For example, if the mother and father are both willing to share parental responsibility, the child will be given shared custody. However, it is possible that one parent will be awarded legal custody.
In order to get custody of a child, a parent must first open a family law case. This is usually a dissolution of the marriage, but a parent who has a legal separation or nullity may obtain custody orders as well. In a legal separation, the parent who has sole legal custody of a child has regular visitation rights with the non-custodial parent. Sole custody grants the sole physical custody parent the right to make all decisions.
A child custody attorney will know the processes and nuances of the Family Court and can help parents protect the rights of their children. He or she can also represent their client in custody and visitation cases. He or she will also be familiar with child support laws. Ultimately, your child’s welfare should be the main concern when choosing a family law attorney. So, how do you go about finding the right one? By hiring a family law attorney, you can have peace of mind and receive a favorable outcome for your case.
If you are considering applying for a temporary emergency order, make sure your petition is thorough and consistent with your collateral criminal case. Only in the rarest cases will a judge grant a temporary order without hearing both sides of a case. The general rule for family law courts is that they won’t make a temporary order without hearing both sides of the argument. If your child has a serious problem, you can still file for a temporary custody order.
The Family Court Act has specific laws on family matters. The Family Court Act Section 812 provides the rules governing such matters. In many cases, a petitioner will allege that the respondent has committed one or more crimes against them. The statute contains specific crime definitions for these cases, and it is vital that you have a lawyer who is familiar with them. You should also know that a judge will grant an Order of Protection to the petitioner.
In addition to determining a custody order, a family court may grant or terminate parental rights. For example, if one parent dies, the other parent will usually get custody of the children. If the deceased parent leaves a will naming a guardian for the child, the judge will take the wishes of the deceased parent into consideration. If you wish to establish a guardianship, you should consult a lawyer. These types of issues can be extremely complicated, and it’s important to discuss them with your lawyer before making a decision.