Child Custody is a broad legal term meaning the legal and functional relationship between a guardian or parent and a child in the care of another person. It is also known as alimony, visitation rights, child support, and joint physical custody. Child custody cases deal exclusively with the custody, safety, and well-being of children. In laymen’s terms, it refers to the right of one parent to “keep” or “have” the children. Child custody law is different for every state and is often settled based on “equitable custody,” ” custodial custody,” “physical custody,” or “child support.”
contested and uncontested
There are two types of child custody litigation in which parents can choose their legal remedies: contested and uncontested. In a contested case, parents will have to seek the help of a family court mediator or a judge to settle issues that have become controversial during the course of the divorce proceedings. Examples of such contested issues include names (which goes to the spouse), issues regarding visitation, the division of assets and debts, the determination of paternity, and child adoption. Once parents agree to settle their disputes in family court, they are obliged to respect and observe the decisions made by the court and should avoid interfering with the process.
the uncontested child custody
An uncontested child custody case is when both parents accept the decision reached by a family court and sign a marital document stating that they intend to co-parent their children. This is considered to be a proper and binding agreement. If there are no issues related to the children, then parents are automatically granted temporary orders known as a temporary order of custody.
Temporary orders of custody
Temporary orders of custody are only effective for a specified period of time. During this period, the children will remain with their natural parents and will visit them on alternate weeks. Parents who decide to terminate their relationship and the marriage do so after a specific period of time has gone by. However, if a parent does not comply with court orders and the court decides that the marriage has failed, then the courts have the power to enter into a divorce and remarry. Also, the courts have the power to make the visitation more frequent or to increase the visitation time with a grandparent instead of the natural parents.
Apart from the court orders, the parents have to work out an amicable parenting plan. This involves making a parenting plan that outlines how the parents will share the responsibility of raising the child. This also involves determining which parent will get custody of the child and establish the other parent as the primary caregiver. The primary caregiver is usually the spouse. But, in the case of a divorce, where one of the parents was responsible for spousal support, the supporting spouse may seek custody. Also, if the child has been abducted or adopted, the parent seeking the custody of the child must establish that the child has been properly adopted and is living with him or her.
child support and parenting time
This information is meant to be a general introduction to child support and parenting time. It is not legal advice. Before making changes to your child custody and visitation schedule, seek the advice of a competent family law attorney in your area who is experienced in these issues. Also, be sure to check state law before making changes to your plan. This is a related article.