Divorce Custody Questions

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While going through a legal procedure of disintegration of marriage, many couples face innumerable problems. The family laws in every state vary according to the preferences and requirements of that particular state. This creates confusion among spouses regarding the legal provisions and their correct interpretation. Following are some divorce custody questions and their answers which can help a person to understand the legalities regarding this matter.

Some examples of Divorce Custody Questions

1. If the best interests of the child do not coincide with the personal desires of the parents, then what happens in a child custody case?

   The court aims at ensuring the best interests of the child while awarding any type of parenting plan. Therefore, the child's security and well-being will be given priority over the wishes of the spouses.

2. Differentiate between a non custodial and custodial parent?

   A spouse who has been awarded legal rights to have a child and take decisions about education and health matters, is a custodian. A non-custodian parent does not possess direct guardianship, but this spouse has the visitation rights.

3. Is it possible to alter custody rights?

   As per the Uniform Child Custody Jurisdiction and Enforcement Act, it is possible to modify the court order about child guardianship. A spouse seeking such alteration should prove in the court that this change is in best interests of the child. Also, an emergency modification is done in child abuse and harassment cases.

4. Explain the following terms - shared custody, joint parenting plan, legal guardianship and physical legal rights

   There are different types of child guardianship awarded by the court. Shared or joint parenting is a type of guardianship, where both parents will have equal responsibility of a child. A kid will reside with both parents in alternate schedules. Also, they will jointly take part in decision-making. This type of parenting is possible if both parents are on good terms of communication.

   Legal custody implies the legal rights regarding taking decisions of medical and educational requirements of the child. A person can have sole legal rights, while the other partner can take care of the physical supervision on the kids. Physical guardianship is the right to reside with a child and supervise the daily routine.

5. Is it possible for a parent to represent himself/herself in a custody case?

   A person can handle the court case on his own. He or she should have sound knowledge about the legal provisions and statutes of family law. Generally, it is advisable to take legal assistance of lawyers and attorneys who have enough experience of the court and its functioning.

6. Can religion play a role in the determination of child custody?

   Religion is not a single determinative while awarding parenting plan details. But, it influences the court decision in an indirect manner. The judge ponders over many factors while deciding the guardianship of a child belonging to the parents of two different faiths. Often, the court checks whether there is potential danger for a child following a certain faith. If so, the court will award the responsibility to another partner.

7. What sort of lawyer must be selected to fight a child custody case?

   A legal expert or a lawyer is most prominent part of a contested court case. While appointing a lawyer, a person should enquire about the lawyer’s prior experience of handling guardianship case, success rate and work method. A spouse should feel comfortable with an attorney while sharing private information. In short, a lawyer should be well-versed with family laws and experienced in this field.

8. Can a divorced parent, who has custody or visitation rights, carry the child out of the state?

   While relocating or shifting, it is not considered whether the parent possesses sole guardianship of the child or a joint one. In any of the case, no parent or relative can take such step without permission of the court. Some a step would require the consent of other partner too. A custodial parent seeking such relocation should be able to convince the court that this will lead to betterment of the child's conditions. A partner with visitation rights cannot carry the child out. But, such non-custodian can object the shifting.

9. What age must a child attain to decide which parent he/she must reside with?

   The child's preferences in such matters are taken into account if he or she is of sufficient age to make a choice. Also, the maturity level and nature of the child are taken into consideration. There are no such definite age criteria that would determine the eligibility for making preference. It simply depends on the case and the child's maturity. There is a case where a thirteen year old has given a chance for making choice. In other case, the parenting plan was determined according to the desires of a nine year old child. Thus, the court takes this decision on the basis of its jurisdictional powers. But, a toddler or 3 -4 years old kids are not considered eligible by the court.

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