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Top 5 Child Custody Questions

Child custody cases are tough for any family. Determining what is best for the child or children affected in the wake of a breakdown of the parental relationship is crucial since it will shape their future.

While each case that presents before the courts is unique in its own right, there are some questions that all those involved will want answers to. So, let’s take a look at the top five child custody questions.

  1. What Factors Play a Major Part in Determining Child Custody?

Ultimately, the courts will arrive at a decision based on what they believe is in the best interests of the child. As such, considerations are made with regards to the physical and mental wellbeing of both parents, whether the child has special needs, if there is any evidence that drug or alcohol abuse as well as issues to do with accessibility to schools.

Where the child is old enough to give their own opinion on the matter they are usually allowed to state it. The final ruling is made objectively and with the health and general wellbeing of the child in mind.

  1. What’s the Difference Between Sole Custody and Shared Custody?

Sole custody is where the court orders that one of the two parents is given exclusive legal and physical custody of the child. This parent is responsible for providing a place to live and taking care of all of their legal duties.

Breaking this down, it basically means that the child lives with one parent, who decides upon everything from healthcare, to education and religion, without requiring the consent or input of the other parent – who may only have visitation rights, but is still required to pay child support.

Shared Custody grants both parties custody of the child. Time is split between both parents, though this is not necessarily equal and is determined on a case-by-case basis. Both parents are responsible for the physical care of the child and since neither one is “non-custodial”, they typically share in the decision-making process with regards to the important issues concerning the child.

  1. Is an Attorney Necessary when Entering a Child Custody Claim?

An attorney is definitely worth retaining in child custody claims. It’s worth bearing in mind that you and your former partner are trying to determine who gains custody of the child and so things can become emotional.

Having a representative to advise you on the potentially complicated aspects of the case is essential to ensure that you are well-briefed, fully informed and have confidence in the proceedings. What’s more, as your representative, your attorney can prepare your claim, represent you in court and in some instances work out a resolution with the other party that will keep proceedings to a minimum.

Naturally, you want the best for your child and so the presence of a reputable attorney at your side will help you to achieve the very best outcome for them.

  1. Is Sole Custody More Likely for the Mother, or the Father?

This is an increasingly tricky question to answer since historically the courts would take the “tender years” into account, during which time the mother was the primary caregiver i.e. the one that looks after feeding, bathing, grooming and the learning of reading and writing, etc.

However, since there are greater numbers of ‘stay-at-home Dads’ today, not to mention the increase in numbers of men that work from home, determining who the primary caregiver is can be a little more difficult.

The common narrative that we are all most likely familiar with is that the courts will favor the mother. However, any father that believes it is in the child’s best interest to live with them should work with their attorney to petition the court and make a strong case in this regard.

The law may be interpreted differently from one state to the next, so consulting a legal rep is highly advisable before you step into the court.

  1. I Won Child Custody. Can I Move Out of State with My Child?

There are different factors to take into consideration here. Generally speaking, where a married couple has separated and sole custody was granted, then permission must first be granted by the court before a move out of state takes place. Otherwise, you may face consequences for breaking the law.

It is imperative that any change of circumstances is reported to the courts and that a petition is filed requesting a modification to the custody arrangement ruling. It must be of benefit to the child in the first instance.

In situations where a couple was never married and no court order was passed, then things are a little different and it is possible to move out of state with your child. Again, it is always worth consulting an attorney before you make any potentially major changes that could result in penalties.

Granted, this is just scratching the surface of the incredibly complicated area that is family law. Those who recognize that legal proceedings are necessary to settle the issue of child custody are encouraged to seek legal help to help determine the best possible outcome for the child.

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