Child Custody Questions and How the Answers Will Help You Win Custody of Your Kids – Child Custody

The world of child custody can be very daunting and actually very mind boggling for most parents. Add to that the stress and depression of not having your kids with you or going through a divorce and we are talking meltdown for a lot of people. If you are in a custody battle for your kids then having answers to your child custody questions is a critical first step if are to succeed.In this article I’m going to go over answers to some of the most common child custody questions from parents like you.A common mistake parents make is rushing out and hiring the first lawyer they find an relying on their expertise completely to win their custody battle. Unfortunately even attorneys don’t have all the answers to child custody questions or they are not up to date with the most current strategies. That is why your first step to winning custody of your kids should be research. With the age of the internet, research is a whole lot easier than it was in the past.I’ve put together some of the most common child custody questions:1. What are the different types of child custody
Joint Legal Custody – Both parents are entitled to make major decisions about their children’s lives (health, education, etc.)
Sole Legal Custody – One parent alone has complete legal authority to make major decisions for their children.
Sole Physical Custody – Is when the child lives with one parent on a regular basis with the other parent having visitation rights.
Joint Physical Custody – Is when the child lives with each parent for a substantial part of the year (not necessarily 50/50). 2. What standards do the courts take into account when determining custody? The overwhelming principle is the “best interest of the child”3. How does the court decide the “best interest of the child?” Depending on your child’s age, the primary factors of determining the best interest of the child are
The child’s interactions and quality of relationship with his or her parents.
The child’s involvement in his or her school and neighborhood and whether placement with either parent would disruptive.
The health (mental and physical) of the parents.
The parent that is more likely to encourage and facilitate custody visitation rights of the other parent. (This is a big one)

The residence location of either parent in relation to the child’s existing city or state and/or if one parent is planning to move too far away.
Whether or not either parent has made process of making child support payments difficult.
The wishes of the child (depending on age) but this will not hold a lot of weight unless the child is older. 4. Do children get to choose which household to live in? Basically, No. Judges will definitely consider their wishes depending on age but will not base custody solely on a child’s preference.5. Can my child be used as a witness in court? Yes they can. Most states give some consideration to the child’s wishes.6. Is the mother more likely to get custody? Yes, even in today’s society. There are many exceptions though and fathers are gaining more custody rights as time goes on.7. If joint physical custody is awarded, does that mean no one pays child support? Absolutely Not. Child support is determined separately from custody arrangements and is based on levels of income.8. If my spouse is behind on child support can I restrict visitations? Definitely not. Visitation rights and child support are treated separately. You still must honor the visitation agreement and then pursue child support separately.9. Can I stop paying child support if my spouse won t let me see my kids? No. You must still pay child support and pursue a contempt violation of the custody agreement separately.10. What is the purpose of a custody evaluation? The primary function of a custody evaluation is to assist the court in determining what arrangements will meet the best interests of the child. They consider family and individual factors that may affect the physical and psychological interests of the child.11. What if my ex has sole physical custody and wants to move out of state with the kids? A custodial parent must petition the court to change the custody order and ask for permission to leave the state with the child.One of the keys to winning custody of your children is being prepared and organized. Don’t leave everything up to your attorney. By doing your own research and being a partner with your attorney, you can significantly increase your chances of winning custody of your children.

Child Custody Laws – Knowledge is Power – Child Custody

Child custody laws vary according to jurisdiction, but most states and provinces follow a basic set of concepts designed to be fair and equitable and protect the interests of the children.If you’re a party in a child custody action, understanding child custody laws and their application is important to ensuring a favorable outcome for you and your child. You may have retained counsel in your child custody action, but a basic understanding of the law will make you an informed participant in the proceedings and help you ensure your attorney is acting with due diligence.The intent of child custody law is to reach a decision in “the best interests of the child.” A child custody decision in “the best interests of the child” demands consideration of the wishes of the parents, the child, as well as the child’s relationship with each parent, their brothers and sisters, and other influential persons. Other factors considered are, the child’s home environment, school, and community, and the parents’ physical and mental well-being.In law actions, the court determines which parent should have physical and legal custody of the child or children who are the subject of the action.Physical custody means that a parent has the right to have a child live with him or her. Many states’ laws prefer to award joint physical custody to both parents, allowing children to spend equal amounts of time with each parent.In law, legal custody refers to the right to make decisions about a child’s upbringing, which includes decisions about the child’s education, religion and medical care. Parents with legal custody of their children also receive any tax benefits awarded to parents by state and federal government.The current trend in child custody law is a preference by courts to award joint custody to parents, based on the reasoning that having access to both parents is in a child’s best interest. In most applications of child custody law, joint custody means that each parent shares equally in the decision making process and tax benefits are also equitably shared.In law, when a court awards sole legal and physical custody to one parent, the non-custodial parent is awarded visitation rights. These rights may be extensive or limited according to the circumstances of the case. A strong presumption in child custody law exists toward awarding visitation rights to non-custodial parents, however, courts may impose restrictions on visitation by non-custodial parents. Visitation can range from several weeks and months of unsupervised time with your children to supervised visits every other weekend.Cases in which child custody law would deny visitation rights often include non-custodial parents who have abused the child or noncustodial parents severely suffering from a mental illness that could negatively impact the child. Non-custodial parents who are incarcerated or who have a prison record are not automatically denied visitation rights, however.In addition to physical and legal custody and visitation, child custody law also determines whether a custodial parent can move far away and take the child with him or her. Child custody laws in many jurisdictions require custodial parents to notify and gain the agreement of the non-custodial parent before he or she can relocate to another place far way. Part of a relocation agreement could include increased visitation or decision-making rights for the non-custodial parent.