Common Issues in Child Custody Cases
When a family splits, determining how to raise children is one of the most contentious issues in the divorce. The state laws differ, but the courts try to focus on what is best for the child. The child custody arrangements can include joint, sole or shared physical and legal custody of the children. Several factors play into this, and the court may consider all of them or just a few.
Most courts favor a parenting plan that provides for both parents to spend significant time with their children. In order to prove this to a judge, a parent needs to show that he or she is a good parent. This includes being present at extracurricular activities, school events, bedtime and bath time, and taking the kids to doctor’s appointments. The parent also needs to show he or she is not abusive, has a stable home and is financially sound.
Parents’ mental well-being is another important consideration for a judge in a custody case. If a parent suffers from a psychological disorder or is struggling with alcohol or drug abuse, the judge may want to put protective measures in place. This could include a parenting evaluation or mandatory treatment.
In some cases, a parent’s mental or emotional problems could be so severe that the court would deny them visitation rights. This usually applies to noncustodial parents who have physically or emotionally abused their children in the past. A history of incarceration is also grounds for denial of visitation rights.
Supervised visitation is when a noncustodial parent visits his or her children in the presence of an adult, such as a friend or professional agency. This is often used when a judge believes that a parent has the potential to harm their children or that visiting in his or her current environment would be unsafe or unsanitary.
If a parent wants to change their custody or visitation arrangement, that parent must file a new lawsuit and prove there is a significant change in circumstances since the last order. A judge may also decide to re-evaluate the previous orders if there is no evidence of a change in circumstances.
Typically, child custody matters are settled outside of the courtroom through mediation or arbitration. A neutral mediator or arbitrator can help both parties reach a parenting plan that they can agree on and that would be in the children’s best interest. This is a much less contentious way to resolve a custody issue and can save the parties time, money and stress. Contact a local divorce lawyer in Miami to discuss custody issues and find out about available options for resolving them. They can explain the different types of custody, including the differences between joint and sole physical custody and visitation rights. They can also provide information about your jurisdiction’s laws on these topics. They can help you understand the options and how they apply to your unique situation. They can also explain how the various options may impact the amount of child support you might be obligated to pay.