|
Shopping Cart
| |
Custody & Visitation
When parents divorce, the divorce decree will specify with whom the
children will live, and how often and under what circumstances the other parent
will visit with the children. Often, parents work out these arrangements between
themselves, either completely voluntarily or with the assistance of their
attorneys or a mediator. When they are unable to reach a decision, however, or
when unmarried parents are unable to agree on who will have custody of their
child, the court may intervene and make a decision based on the child's best
interests.
In most situations, physical custody is awarded to one parent with whom the
child will live most of the time. Often, however, the custodial parent shares
"legal custody" of the child with the non-custodial parent. "Legal custody"
includes the right to make decisions about the child's education, religion,
health care, and other important concerns. When one parent is awarded sole
physical custody, the other parent is granted visitation, either according to a
clear schedule of dates and times, or simply on a "reasonable" basis. If
allegations of abuse have been raised against the non-custodial parent, any
visitation granted may be subject to supervision by a neutral third party.
Grandparents and stepparents may also be entitled to visitation privileges.
Some parents have chosen a joint-custody arrangement in which the child spends
an approximately equal amount of time with both parents. Proponents of this
arrangement say it lessens the feeling of loss that a child may experience in a
divorce. Critics, however, say that it is best for the child to have one home
base, with liberal visitation allowed to the "non-custodial" parent. Because
joint custody requires a high degree of cooperation between the parents, courts
are reluctant to order joint custody unless both parents are in agreement and
can demonstrate the ability to make joint decisions and cooperate for the
child's sake.
Another option, although much less favored, is split custody, in which one
parent has custody of one or more of the parties' children, and the other parent
has custody of the other(s). Courts usually prefer not to separate siblings,
however, when issuing custody orders.
When the child's parents are unmarried, the statutes of most states require that
the mother be awarded sole physical custody unless the father takes action to be
awarded custody. An unwed father often cannot win custody over a mother who is a
good parent, but he will usually take priority over other relatives, foster
parents, or prospective adoptive parents.
In deciding who will have custody, the courts consider various factors. The
overriding consideration is always the child's best interests, although that can
be hard to determine. Often, the main factor is which parent has been the
child's primary caretaker. If the children are old enough, the courts will take
their preference into account in making a custody decision. Once entered, a
custody award can be changed by the court if the parent's or children's
circumstances have changed.
Some commentators have criticized the courts as being gender-biased, since most
custody awards are in the mother's favor. Others respond to this criticism,
however, with the fact that historically mothers have been, and in many cases
continue to be, the children's primary caregiver, so the higher number of awards
to mothers is appropriate. As more fathers become more actively involved in
their children's care, there likely will be more custody awards to fathers.
Because custody and visitation decisions, like those in so many family law
areas, involve such important considerations and impact so many lives, the
assistance of an experienced lawyer is an essential element of the
decision-making process.
|
