Child custody cases are among the most emotional and hardest-fought family court custody disputes. In most cases, all parents believe they are doing what is best for the child. But, unfortunately, a vengeful spouse sometimes uses children as a weapon and a way to get what they want.
The judge will consider the factors outlined when determining the legal custody arrangement that is best suited for your child. Whenever possible, the court will award you joint physical custody. Children typically benefit from having both parents play an essential role in their upbringing.
Therefore, the judges encourage parents to work together to develop a parenting plan that includes joint custody. An attorney can think about anything that has to do with the legal custody and best interests of the child.
Here are the best 10 things you need to know about child custody.
1. Domestic Violence and Abuse
If one parent has a history of domestic violence or abuse, the judge may grant the other parent sole legal custody of the child. Depending on the situation, the judge may also give the parent accused of domestic abuse supervised physical custody or limited visitation rights.
2. The Role Of Parents Before Divorce
Parents have a better chance of winning child custody if they have a proven track record of involvement and time spent making important decisions related to the child. In a sense, child custody is a privilege, and the court will not award it to someone who has not previously participated fully in your child’s life.
3. Child’s Preference On Sole Legal Custody Decisions
Children can express an opinion about which parent they want to live with after a legal separation or divorce. Depending on the child’s age and maturity, the judge may consider the child’s wishes.
4. Ability To Care For The Child Custody Arrangements
Caring for a child means that a parent can provide a safe and clean home for the child. Parents understand the needs of their children and are willing and able to meet them. This means making sure the child goes to school, bathes, and develops good habits, among other things.
Taking care of a child and being able to pay child support are two different things.
5. A Child’s Relationship with His Parents
A judge will consider the quality of the child’s relationship with each parent. A parent has spent much more time with the child and has a much deeper connection. Separating the child from that parent will exacerbate a problematic situation and make it even worse for the child.
Courts might divide custody disproportionately if a child strongly bonds with one parent.
6. The Relationship Between The Parents On Physical Custody Action
In any case, the presumption is that the parents exercise joint custody. However, the court may think twice if the parents have a complex and uncomfortable relationship and have little hope of working together. The court will examine the relationship between the parents to avoid poor regulation from the outset.
7. Parental Care Ability
When deciding on a child’s custody arrangement, judges consider each parent’s capacity to follow a parenting plan. Income and the availability of family support are taken into account. Unless it is proven that it is not in the child’s best interest, the court will work with the parents to maximize their time with their children.
8. House Stability
A judge may try to place the children in a home with which they are familiar if the house is stable. The judge may also think about how the child’s schedule, school, extracurricular activities, health, and social responsibilities might be affected by the move.
9. Other People In The House
Other people living in the home can also affect child custody cases. If the child has close relationships with stepsiblings or other family members, taking them away from home can be emotionally devastating. It might help the child deal with the divorce to keep these close ties while the child is at home.
10. Child’s Medical or Health-Related Needs
Be aware of any particular medical or emotional needs of the child and have a plan to ensure they are met on an ongoing basis. Suppose there is a significant disagreement between one parent and the other about how to meet those needs.
Courts In that case, you will need legal help to explain to the court what is important and which parent or household is best suited to help the child.
Frequently Asked Questions About Child Custody
1. What are visitation rights?
The visit differs from the care. If one party has “visitation rights,” they are not allowed sole physical custody of the child.
2. Does my child have to appear in court?
A judge may request to speak with the child if the custody battle leads to a hearing. Often, the child does not have to testify formally but talks to the judge in his office.
3. How is sole custody decided?
It depends. The court will consider many factors when determining child custody. The child’s preference can be regarded according to age, intelligence, and maturity.
4. Do the courts favor mothers over fathers?
Even though the court has to look at all of the factors equally, there may still be old ways of raising children that make the mother the main caretaker. In child custody cases, it is important to have an experienced lawyer who can represent you in a court system that is often biased.
5. When can I change child custody?
Custody can be changed at any time at the request of either parent, but the best interests of the child are the most important thing to think about when deciding custody.
Why a Family Law Attorney Is Necessary In a Child Custody in Reading, PA
At Bentley, Kopecki, Smith, P.C., we provide excellent child custody case service in Reading, PA. Our family law judges will look at your situation in the custody case and help you figure out what might be important to the court.
Since we’ve been helping with child custody cases for over a decade, we’ve learned what it takes to do good work in the field. We will offer you a free 30-minute consultation or advice with questions about legal and physical custody, custodial parents, noncustodial parents, partial physical custody, and shared physical custody.
To arrange a consultation appointment, contact us today. Our family law attorneys in Reading, PA, are ready to help you.