8/30/2023 0 Comments Domaining definitionAn unwed father usually cannot win custody from a mother who is a good parent, but he may have priority over other relatives, foster parents, or strangers who want to adopt his child. In some states, this is a bifurcated (i.e., two-step) process in others, the two steps are combined. Those steps include obtaining a court's finding of Paternity and filing a petition for custody. Where a child's parents were never married, most states provide that the child's biological mother has sole physical custody unless the biological father takes steps to have himself considered for custody. In general, courts try not to separate siblings when awarding custody. Split custody is an arrangement in which the parents divide custody of their children, with each parent being awarded physical custody of one or more children. Many courts, on the other hand, resist ordering joint custody if either parent does not want it, due to the high degree of cooperation it requires, especially when the children involved are young or if the parents live a great distance apart, such as in separate states. Advocates of joint custody argue that it lessens the feelings of losing a parent that children may experience after a divorce, and that it is fair to both parents. In California, the Family Code, for example, establishes a presumption that joint custody is in the child's best interest, thus placing joint custody as a preferred option when courts make custody determinations in that state. Some courts allow parents to retain joint physical custody, in which the child spends equal time with both parents. The typical arrangement is subject to some exceptions. Child Support is a common requirement and is paid by the noncustodial parent to the custodial parent as assistance in raising the child. A clear schedule with dates and times may be written into the order, or a court may simply state that visitation should be reasonable. In such situations, courts may order visitation, sometimes called temporary custody, between the child and the noncustodial parent. Usually, the custodial parent shares joint legal custody with the noncustodial parent, meaning that the custodial parent must inform and consult with the noncustodial parent about the child's education, health care, and other concerns. In a typical divorce involving at least one child, permanent physical custody is awarded to the parent with whom the child will live most of the time. This flexibility is intended to allow for the correction of poor or outdated decisions, but it consequentially enables some parents to wage bitter custody battles that can last for years. Courts consider a custody award to be subject to change until the child comes of age, and in most states proof of a "change in circumstances" may overturn an earlier award. The decree names the parent with whom the child will live, how visitation will be handled, and who will provide financial support. When custody must be spelled out because of a couple's divorce, the custody arrangement usually becomes part of the divorce decree. If a case challenges the constitutionality of a state law or-in rare instances-a state's jurisdiction (i.e., its right to decide the case), then the U.S. However, if there is disagreement about which parent has the right to make these decisions, or if government officials believe that a parent is unfit to make the decisions well, then family courts or juvenile courts will determine custody.ĭistrict and state courts base their decisions on state laws, which vary greatly among states. Parents are not required to secure the legal right to make these decisions if they are married and are listed on the child's birth certificate. Under most circumstances, state laws provide that biological parents make all decisions that are involved in rearing their child-such as residence, education, health care, and religious upbringing. The care, control, and maintenance of a child, which a court may award to one of the parents following a Divorce or separation proceeding.
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