How is child custody determined?
Unless the parties can agree, custody is determined by the “best interests of the children.” In general, in New Jersey, we have now moved toward a concept of a “parent of primary residence” (PPR) and a “parent of alternate residence” (PAR), the object being that the parents in general should be joint custodians of their children, each with input into the manner in which the children are being raised with the children having a primary and alternate residence. However, this recent change in nomenclature does not change the fact that one party or the other will have the children in their home more than the other. When this is an issue, and the parties cannot agree, a study will be undertaken of each of the households and, in most cases, a neutral party will be appointed by the Court to interview the parties and perhaps the children, view the households and make recommendations to the Court.
Child custody is determined by a judge according to the factors set forth in the statute. The statute is Arizona Revised Statutes 25-403. The factors the judge considers are the wishes of the parents and the child (if old enough to express a preference); the interaction of the child with the parents and siblings; the child’s adjustment to home, school, and community; the mental and physical health of the parents and the child; which parent is more likely to allow frequent and meaningful contact with the other parent; which parent or parents have provided primary care of the child; and the nature and extent of coercion or duress used by a parent in obtaining an agreement for custody. Joint legal custody means the parents jointly make major decisions about the children such as religion, education, health care, and residence. Sole custody means one parent makes these decisions. With either joint legal or sole legal custody, there must be an arrangement for the time-sharing of the child or
In New York, in a contested custody battle, custody of the children is determined through an exhaustive examination of the totality of the circumstances to determine the “best interests of the children.” In determining what is in the best interest of the children, a court will consider many factors, including: a) the pre-existing custodial arrangement; b) who is the primary caretaker of the child; c) the historical relationship of the child and the parents; d) the financial status and ability of each parent to provide for the child; e) what is the nurturing ability of the parents; f) who has better judgment; g) the desirability of keeping siblings together; h) the wishes of the child, if of sufficient age and maturity; i) the parents’ lifestyles, including substance abuse or chemical addiction of a parent; j) the parents’ religion; k) whether a parent will encourage or discourage visitation; l) continuity of a stable environment; m) the age of the child; n) a parent’s neglect or abuse
The court determines child custody based on the best interests of the child. There are two different types of child custody: legal custody and physical custody. Legal custody involves the parents’ input into the children’s health, education and welfare, no matter where the children will reside. Physical custody refers to where the children will reside. It can be primarily with one parent or there can be joint physical custody with both parents. If primary physical custody is with one parent, that parent is usually known as the custodial parent, who is primarily responsible for the routine decisions affecting the children. The custodial parent does not have the right to solely make decisions regarding the children’s health, education, and welfare unless the custodial parent also has sole legal custody of the children. In practice the custodial parent with joint legal custody must get input from the other parent, however the custodial parent can then make the decision and the Courts are
Live chat by LivePerson Initial Child Custody Determination The court is guided by the consideration of what appears to be in the best interest of the child. The primary areas of consideration are; the child’s material needs, win your child custody war. mental and moral welfare, fitness of either parent, contact with siblings and preference of the child if the child is of sufficient age to form an intelligent preference, the court may consider that preference in determining the question of custody. If neither parent has a decided positive preference over the other, the court may consider other factors in determining custody including; smoking, parents willingness to work with each other and other influences in the home. Custodial Change If the parents agreed to a custody arrangement without going to court, they may change it, by agreement at any time. If the parents originally agreed to a custody arrangement and now only one wants the situation changed, the question will have to go bef
