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Custody is ordered according to the best interest of a child. In making a custody award, the
Court will consider, among other factors, which parent has been the primary caretaker of the child
in the past and which parent is better able to provide a loving, stable environment for that child. If
the Court finds that both parents are competent, loving parents, the Court may enter a shared custody
award which means that both parents have rights in important decisions affecting the child, including
what school the child attends and what religion the child follows. Generally, one parent will be
granted primary residential custody of the child. The other parent will be granted partial custody
rights. Partial custody means that the non-custodial parent may take the child for extended periods
away from the primary residence. Visitation means the contact with the child is only permitted under
the supervision of the custodial parent.
A child does not have the right to decide with which parent he or she will live. However, the
older the child is and the more mature his or her reasons for wanting to live with one parent or the
other, the more weight the Court will give that child's request.
A parent is denied visitation rights only when visitation would jeopardize the child's welfare.
The Court may restrict visitation to ensure the child's safety. For example, this may happen if one
parent has a drug or alcohol problem which could impair that parent's ability to care for the child
properly.
Once a custody order is entered, it may be enforced by law enforcement agencies within that
jurisdiction. A custody order can always be modified by the Court or by agreement of the parties if
a change in circumstances warrants such modification.
Without a Court Order regarding child custody, both parents have equal rights to have the
child live with him or her and make decisions about the child. Without a court order, the police or
the court cannot order a parent to return the child from visitation or to prevent a parent from
removing that child from the jurisdiction. For this reason, it is important for separated parents to
obtain a custody order either by agreement or through a custody hearing.
There is a serious problem where the custodial parent seeks to relocate to another state or
another country. In many instances, there has to be a further court proceeding to determine what is
in the best interest of the children with regard to any relocation. Assuming relocation is appropriate,
then there must be a redetermination of the partial custody arrangement.
If you need an attorney and don't have one, the Lawyer Referral and Information Service can help.
Call Us Monday - Friday from 8:30 AM - Noon and 1:15 PM - 3:00 PM
at (814) 459-4411. |
