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DIVORCE, SEPARATION, AND PROPERTY

CHILD CUSTODY AND VISITATION

CHILD SUPPORT

SPOUSAL SUPPORT

DOMESTIC VIOLENCE

SUING FOR DOMESTIC VIOLENCE INJURIES

JUVENILE DEPENDENCY

PRENUPTIAL AND POSTNUPTIAL AGREEMENTS

CHILD CUSTODY AND VISITATION:


     In all legal matters concerning child custody and visitation the main consideration will always be: "What is in the best interest of the child(ren)?" Courts universally recognize that after a divorce or separation, both parents have a duty to provide for the well-being of their child(ren). In deciding which parent will have custody and when visitation will be allowed, the court has two goals; 1) to allow each parent to maintain a relationship with the child(ren) and 2) to require each parent to contribute to the care and upbringing of their children.

     The parent who has custody is called the custodial parent. He or she provides the everyday care and maintenance. The parent who does not have physical custody of the child(ren) is called the non-custodial parent. He or she usually will be allowed reasonable rights of visitation with the children.

     Divorce is a difficult situation for many children. They suffer most when they are used as weapons in continuing battles between their parents over custody, support, and visitation. The principle that guides judges in making their decisions is-"What is in the best interest of the children?"-This principle should guide parents as well.

     The law states that the judge shall not give preference to either parent based on the sex of the parent or children, and that the court shall not presume that either parent is more fit than the other to have custody.

A judge considers many factors determining custody, including:

  • who actually takes care of the children most of the time;

  • who has the closest relationship with them;

  • each child's age

  • the character and stability of each child and each parent;

  • the mental and physical health of the parents and the children;

  • the wishes of the children, if they are mature enough to express their wishes;

  • the effects on the children of continuing or disrupting their existing situation;

  • certain elements of the parents' lifestyles, such as alcohol or drug use;

  • credible evidence of abuse inflected on any family or household member

     Custody of minor children is never "final" because the court has
legal authority over the children until they reach the age of majority. Custody can be changed, but judges do not like to shuffle children back and forth between parents by repeated custody changes. Courts are reluctant to change a custody order unless there is a "change of circumstances" since the last court hearing.

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