FAQ’s- Child Custody

  • What factors do courts take into account when deciding who gets custody of the children?
      • Almost all courts use a standard that gives the “best interests of the child” the highest priority when deciding custody issues. What the best interests of a child are in a given situation depends on many factors, including: the child’s age, sex, and mental and physical health the parent’s mental andphysical health the parent’s lifestyle and other social factors the emotional bond between parent and child, as well as the parent’s ability to give the child guidance the parent’s ability to provide the child with food, shelter, clothing, and medical care the child’s established living pattern (school, home, community, religious institution) the quality of the child’s education in the current situation the impact on the child of changing the status quo, and the child’s preference, if the child is above a certain age (usually about 12). Assuming that none of these factors clearly favors one parent over the other, most courts tend to focus on which parent is likely to provide the children a stable environment, and which parent will better foster the child’s relationship with the other parent. With younger children, this may mean awarding custody to the parent who has been the child’s primary caregiver. With older children, this may mean giving custody to the parent who is best able to foster continuity in education, neighborhood life, religious institutions, and peer relationships.
  • Are courts more likely to award custody to mothers than to fathers?
      • Normally most courts tends to provid custody of children of “tender years” (about five and under) to the mother when parents divorced. As it turns out, many divorcing parents agree that the mother will have custody after aseparation or divorce and that the father will exercise reasonable visitation. This sometimes happens because the parents agree that the mother has more time, a greater inclination, or a better understanding of the children’s daily needs. But it can also be because fathers presume that mothers will be awarded custody or because the mother is more tenacious in seeking custody. If you are a father and want to ask the court for physical custody, do not let gender stereotypes stop you. If both you and the mother work full-time, and the kids have after-school care, you may be on equal footing. In fact, if you have more flexible hours than the mother, you could have a leg up. In any event, the judge will look at what’s best for the children. So if you think that you should have primary custody and that you can persuade the judge that it’s in the kids’ best interests, you should go ahead and ask for custody. If you present yourself as willing and able to parent, it will go a long way towards challenging any lingering prejudice against you as a father.
  • Does custody always go to just one parent?
      • No. Courts frequently award at least partial custody to both parents, called “joint custody.” or “shared parrenting” Joint custody takes one of three forms: joint physical custody (children spend a substantial amount of time witheach parent) joint legal custody (parents share decision-making on medical, educational, and religious questions involving the children), or both joint legal and joint physical custody.
  • Who determines how much visitation is reasonable and fair?
      • When a court awards physical custody to one parent and “reasonable” visitation to the other, the parent with physical custody is generally in the driver’s seat regarding what is reasonable. This need not be bad if the parents cooperate to see that the kids spend a significant amount of time with each parent. Unfortunately, it sometimes translates into little visitationtime with the noncustodial parent, resulting in disputes over missed visits and inconvenience. To avoid such problems, many courts now prefer for the parties to work out a fairly detailed parenting plan that sets the visitation schedule and outlines who has responsibility for decisions affecting the children.
  • I have put an intrim application for child visitation one year back but still judge has not passed an order on it. What should I do?
      • Contact us for this query.
  • I have got child visitation but when I visited her house then she refused to oblige the order. What should I do?
      • Contact us for this query.
  • I visited my child school and my wife came to know and they lodged a police complaint what should I do?
      • Contact us for this query.
  • When I tried to talk to my child after 2 years he/she started crying loudly what should I do?
      • Contact us for this query.
  • I got my child visitation but am not sure how the kid will behave. what prepration I should do and what kind of toys I should buy?
    • Contact us for this query.
  1. Maria fernandes
    September 19, 2012 at 12:44 pm

    My husband got visitation right under interim order. As he is a dsyfunctional person who may get my child mentally disturbed. I need o get a stay order against the interim order passed. How can i proceed to do the needful.

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