Introduction
Table of Contents
If you are a parent going through a divorce in the United States, one of your biggest concerns is likely to be who will get custody of your children. The process of child custody can be complex, but understanding how it works and what factors courts consider when making a decision can give you the best chance of winning custody of your children.
Child Custody in the USA.
When parents separate or divorce, they must determine how to divide their parental responsibilities. In the United States, child custody is decided through a legal process. The first step is to file a petition with the court. The petitioner must prove that there has been a change in circumstances that warrant a change in custody.
The next step is to attend a mediation meeting. Mediation is mandatory in some states and optional in others. During mediation, both parents will meet with a mediator to try to reach an agreement about custody arrangements. If the parents are unable to agree on custody, the court will make a decision based on the best interests of the child’s standard.
The Best Interests of the Child Standard in the USA
The best interests of the child standard are used by courts to decide child custody cases. This standard takes into account many factors, including:-the child’s age-the child’s health-the child’s relationship with each parent-each parent’s ability to care for the child-each parent’s mental and physical health-each parent’s work schedule-the child’s preference (if the child is old enough to express one)The best interests of the child standard are not used to determine which parent is “better”; rather, it is used to help courts decide what arrangement would be best for the child given all of these factors.
Types of Child Custody in the USA
There are two types of custody: physical custody and legal custody. Physical custody refers to where the child will live most of the time while legal custody refers to who will have decision-making power over major life decisions for the child (e..g., education, religion, medical care). Parents can have joint physical and legal custody or one parent can have sole physical and legal custody.
Subsection 1 .4 Factors Courts Consider When Awarding Child Custody in the USA.
Factors that courts consider when making custodial determinations vary from the state -to -state, but most states consider some combination of:
• Each parent’s willingness and ability to -parent cohesively and put their children’s needs ahead of their own desires or personal agendas; this includes maintaining healthy communication channels open with their former partner as well as being willing to respect court-ordered visitation schedules if they do not live together full time — i . e., being able too co-parent peacefully even though they no longer get along romantically or otherwise outside off parenting duties USA family law–
• Both parents’ past performances as caregivers of their children, including any relevant history off drug, alcohol, or other substance abuse; domestic violence; criminal convictions; neglect; abandonment, etc.
• Which parent has typically served as primary caregiver up to this point — i . e. , which parent was more responsible for the day—to—day caretaking activities like feeding, bathing, diapering/potty training, bedtime routines, homework supervision/help, doctor’s appointments / checkups, etc ?
• Each respective home environment that each parent can provide for their children considering things like safety (no guns in the house ?), cleanliness (does house meet basic standards of hygiene ?), stability (how often does family move residence?), emotional support (is there someone at home who can provide emotional stability during tough times?), etc
• The ages of all minor children involved as well as any special needs they might have that require particular consideration or extra support
• Each party’s current employment situation and whether either job demands excessive travel or long hours away from home that would make it difficult to care for young children on a daily basis
• Each party’s financial resources —i.e ., how much money each person makes per year after taxes as well as any assets they may have such as property ownership, stocks/investments portfolio value ) could contribute to providing stability and support for raising children Ultimately it is up too interpretation by each individual judge handling specific cases what weight he or she gives to each factor when making decisions about awarding primary residential custodial rights of.
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