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| Category | Q&A | Last Q&A published |
 Child Custody
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3 | How does a court decide which parent will get cus... |
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Here are the published Q&As of that category.
[ Child Custody ]
Requested and Answered by Admin on 09-Jan-2006 06:22 (868 reads)
Children who are under 18 cannot decide what the parenting time schedule should be. However, as they mature the court will take their opinions into consideration in deciding what the parenting time schedule should be.
[ Child Custody ]
Requested and Answered by Admin on 09-Jan-2006 06:42 (918 reads)
You have the right to determine your own parenting time schedule. It is important to put your agreement in writing. The court can formalize your agreement in a court order. If your parenting time agreement is not put in a court order, the friend of the court cannot assist you with enforcing your agreement if a dispute occurs. But the answer truly is no you do not have to use the court at all. If you feel like you work with the other parent then no. If you feel that there may be at sometime a dispute then by all means you should get your agreement put into writing. This by no means says that you must accept FOC into your life. FOC is an opt title 4 program that merely puts on the charade of being a legal requirement in a custody dispute
[ Child Custody ]
Requested and Answered by Admin on 12-Jan-2006 20:37 (1388 reads)
When the parents cannot agree on a custody arrangement, the court will make the decision for them after considering the totality of the circumstances, with the overriding consideration being the child's best interests. To make that determination, the court considers:
The child's age;
The child's gender;
The child's physical and mental health;
The parents' physical and mental health;
The parents' lifestyles;
Any history of abuse;
The emotional bonds between the parent and the child;
The parent's ability to give the child guidance;
The parent's ability to provide the basic necessities, such as food, shelter, clothing, and medical care;
The child's routines, including home, school, community, and religious;
The willingness of the parent to encourage a healthy, on-going relationship between the child and the other parent; and
If the child is above a certain age, the child's preference.
In many cases, a consideration of these factors results in awarding custody to the parent who has been the child's primary caretaker. Although this is often the child's mother, any preference for the mother strictly on a gender basis is outmoded
The child's age;
The child's gender;
The child's physical and mental health;
The parents' physical and mental health;
The parents' lifestyles;
Any history of abuse;
The emotional bonds between the parent and the child;
The parent's ability to give the child guidance;
The parent's ability to provide the basic necessities, such as food, shelter, clothing, and medical care;
The child's routines, including home, school, community, and religious;
The willingness of the parent to encourage a healthy, on-going relationship between the child and the other parent; and
If the child is above a certain age, the child's preference.
In many cases, a consideration of these factors results in awarding custody to the parent who has been the child's primary caretaker. Although this is often the child's mother, any preference for the mother strictly on a gender basis is outmoded