Who Has Full Custody of a Child?
Considering the stress child custody can bring, it’s important for parents to understand their legal rights. One of the most important decisions a court will make during a divorce is who has full custody of a child. The legal system has changed, and today it is more common for both mothers and fathers to share the responsibility of raising a child. However, courts still take a hard look at who has the best interest of the child in mind.
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The best-case scenario is that both parents get equal time with their children. However, some states do not make this a legal requirement. Often, the best way to resolve a custody dispute is through mediation. During mediation, a neutral third party helps the parents to come to an agreement. However, in some cases, parents are left with no choice but to go to court. In such cases, the best way to win custody is to demonstrate the court’s best interests are in the child’s best interests.
There are many factors to consider when deciding who has the best interests of the child in mind. The court has to take into account the parents’ fitness, their ability to care for the child, and the child’s age and needs. It also has to consider a parent’s history of abuse and their willingness to make the child’s life better.
It’s also worth noting that most courts assume that it’s best for the child to spend time with both parents. However, it’s not uncommon for the parents to disagree. This can create an expensive litigation case. A good child custody lawyer can help parents make the right decisions in their custody case.
The best way to determine who has the best interests of the child in mind is to look at the court’s guidelines. These guidelines should be followed for a child custody case to work out well. For example, in California, courts consider the child’s best interests to be their top priority. However, they are less likely to award full custody.
The court is also required to consider “totality of circumstances.” This includes the child’s age, the parents’ ability to care for the child, and the parents’ history of abuse. It also has to consider whether the child has a history of substance abuse. The court may also consider the child’s wishes, which is usually considered to be more important than a child’s age.
The court may also award the non-custodial parent some form of visitation rights. This may involve a parent having very short periods of time with the child, or the ability to visit the child at regular intervals.
There are many other factors that go into the court’s decision-making process, including the child’s wishes and the ability of the parents to provide a healthy environment for the child. The child’s health is always top of mind. Parents should also keep in mind that if they fail to pay child support, this may affect their ability to receive visitation, and there are other enforcement options available.