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Child custody is one of the most difficult decisions for a family to make. It’s also one that many couples find stressful and overwhelming. That’s why it’s important to approach the decision with guidance from social and governmental entities that are legally mandated to help guide you through all of the decisions you’re faced with. In this article, we’ll take a look at different factors that need to be considered so a custody determination can be achieved by authorities at the appropriate time (for example, when a child reaches age 18).

What are the Determining Factors of Child Custody?

The determining factors of child custody are determined by social and legal standards. Social factors include the parents’ relationship, parenting skills, and the parent’s ability to cooperate. Legal factors include the parents’ residency, the child’s age, health, and safety.

How do families imagine competency in determining child custody?

What determinations must be made to assess a child’s competency in custody cases?

The benefit of adjudication for children?

When it comes to determining who will care for a child, society and legal standards place a great deal of importance on the family unit. However, the family unit is not always what dictates custody arrangements. Often it is the child’s competency to make decisions about their care and well-being that determines who will be responsible for them. When competency is an issue in child custody cases, judges and other caretakers must determine whether a child can make sound decisions to determine who should have custody. 

To assess a child’s competency, judges must know both the social and legal standards regarding custody. Social standards dictate how families are supposed to function while legal standards spell out the specific rights and responsibilities of parents and children. Judges must take into account both sets of standards when making their determinations. 

There are many benefits to adjudication for young children. First and foremost, it allows children to have a voice in their care. 

What are the recent rulings on child custody?

There are several different ways that experts in the field of child custody determine which parent should have custody of a child. Social and legal standards play an important role in these decisions, but there are other factors to consider, too.

Here are four of the most common methods Used To Determine Child Custody:

  1. Joint Custody: This is the default custody arrangement when parents live together as a family and share joint responsibility for their children. Joint custody usually results in the child spending equal time with both parents, though this can vary based on the specific case and parenting agreement that is reached.
  2. Exclusive Custody: This is when one parent has sole legal and physical custody of the children. This arrangement can be Presumed In The Best Interests Of The Child if it appears that one parent is better able to provide a stable, secure home for the child. Exclusivity can also result from a court order if it is deemed to be in the best interest of the child.
  3. Time-Share Custody: This arrangement divides up Parenting Time between two parents in a way that reasonably reflects their respective roles in the children. The time-share parents can have Compromise Time arranged with hours that compromise between their respective roles,  the parents may agree to reduce their parenting time and provide each other with parent-child time in the middle of the week or on a specific day.
  4. TEMPORARY/TRANSITIONAL CUSTODY (“TOD”) is a custodial arrangement that ensures that the parties continue to live separate and apart from each other, but near their children. During the pendency of a divorce or separation proceeding, it is not uncommon for both parents to seek custody and parenting time of their children. After the court’s ORDERS describing the child custody arrangement have been entered by one party, they will be obligated to file TIMESHEETS listing the time spent with their children at birthday parties or any other events outside of supervision and management in which a Party (parent) can travel with their child(ren).

Why should parents think about their decision in advance?

When deciding who gets custody of their children, social and legal standards often come into play. Here are some of the most important factors to consider.

When parents fight for custody of their children, they often must weigh a variety of factors, including but not limited to the child’s age, health, relationship to parents, and siblings. While no one factor is completely determinative in custody decisions, understanding the social and legal standards that typically apply can help parents make informed decisions.

Social Standards. In many cases, social standards will govern custody decisions. This means that judges and other authorities will typically give primary consideration to the best interests of the child when making custody decisions. This includes considering what arrangement would be best for the child’s emotional well-being and development.

For example, courts may decide that a child should live with one parent more than the other if it is believed that this will benefit the child emotionally. Sometimes default rules will be established in court proceedings based on social standards – for example, children generally should live with their mothers until they reach 18 unless there are very specific reasons why they should not do so.

Legal Standards. Courts also may base custody decisions on legal standards. These standards are set by law and must be followed if an order is to be valid. In general, judges generally place more importance on the welfare of a child than on that of parents in making custody decisions. Effective Child Custody Orders. Judges have many tools at their disposal for enforcing orders made by the court. The methods may include applying sanctions (such as taking away the rights to see or communicate with one parent) and enforcement powers (such as seizing property, ordering action against a person or entity, requiring notice and publication of orders—and even requiring police officers when necessary to enforce an order). Judges also can make matters worse by issuing intrusive accusations, such as using terms such as “the former spouse” or “the putting-down former spouse.” 

Get in touch with Duluth Family Lawyer for more information or Contact us.

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