Child Custody Cases Tips

Child custody cases tips are much sought after by parents facing into a child custody battle.In this post I will look at bias in child custody cases and how court cases in child custody matters should be approached in order to put your best foot forward.

Common child custody questions for parents involved in child custody cases include..

1.What is child custody?

Child custody occurs when parents divorce and an arrangement must be made to decide where the children of the relationship will live. Many times the divorcing parents can come to an agreement themselves but unfortunately sometimes agreement is unattainable.

On these occasions a court will decide who will get custody of the child and this will be based upon one fundamental principle-the best interests of the child.
What are the types of child custody?

1. Physical Custody

Physical custody is simply the arrangement for where the child will live on a day to day basis but this does not preclude the other parent sharing legal custody which will ensure that the non custodial parent has a right to be involved in crucial decisions concerning the child such as health care, education, religion and so on.

2. Joint Custody

Joint custody is an arrangement where both parents share the amount of time spent with the child equally but this can be an unsatisfactory arrangement as the child can have a feeling of not having one home base. For this reason courts are slow enough to order joint custody.

3. Legal Custody

Legal custody gives a parent the right to make critical decisions about the child’s welfare, education, medical care etc. Legal custody is generally awarded to both parents unless it can be shown that one parent is unfit through the use of drink, drugs and so on.

4. Sole Custody

Sole custody means that the parent has exclusive physical and legal custody of the child and this will only arise where it can be shown that one parent is incapable of any responsible decision making about the child.

5. Joint Legal and physical

Joint legal and physical custody can be looked at in the context of the 2 types of custody, joint legal and joint physical.

As pointed out already joint legal custody involves both parents sharing in the decision making and joint physical involves both parents sharing time spent with the child.

A joint custody order therefore comprises 2 parts- joint physical and joint legal custody and the courts will decide the issue if there is not agreement among the parents, always with reference to what is in the best interests of the child.

Generally there is a presumption of joint custody being the best option in most states and circumstances where it is not ordered is where the parents can not agree or cooperate with each other.

However because joint physical custody will involve keeping 2 homes available for the child, clearly it will be more costly than a sole custody arrangement.

Child Custody Cases

Generally courts will award joint custody, in varying degrees, to both parents. Joint legal custody is awarded by all states in the U.S. but some states will not order joint physical custody unless both parents agree to it.

Occasionally neither parent will be deemed suitable by the courts in which case it is often prepared to grant custody to someone other than a parent but courts have a preference for family members rather than awarding custody outside the family.

Bias In Child Custody Cases

Many parents wonder about bias in child custody cases and ask if the sex of the judge will lead to a biased judgment in their case; generally bias in child custody cases in NOT a factor you should be concerned about as the vast majority of judges are very professional and will give a rational, fair and compassionate judgment in 99% of the child custody cases that they hear.

Child Custody Cases Tips

The principal tip to remember in relation to court cases in child custody matters is to

1. always keep the best interests of the child in mind and it is not a winner takes all event; you and the parent and the child still have to get on with each other for the rest ofyour days.

2. Always be straightforward and upfront with the court in giving evidence as to your means, income etc. Judges involved in court cases in child custody are very well trained and experienced in sniffing out untruths-tell your side of the story plainly and honestly and you will be fine.

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