When parents are planning to divorce, the children become a critical issue that must be addressed. If divorcing spouses disagree on how to raise their children, the fate of the children rests with the court. The court decisions center on the amount of time each parent will spend with the child and the child’s primary caregiver. This webpage seeks to provide basic information regarding child custody.
What is Child Custody?
Custody means the right of a parent to decide about the welfare and care of their child. The parent who is granted legal custody of a child is known as the custodial parent. Children spent most of the time with the custodial parent.
Types of Child Custody
This is when one parent is legally responsible for making important decisions affecting the child’s welfare. Both parents can discuss on issues affecting their child but only the parent authorized by the court will have the final say in case the parents do not reach a unanimous decision.
This is when both parents have joint physical and legal custody of the child. The parents may be required to submit to the court a parenting plan. When the court grants joint custody, both parents have rights with regards to legal custody and parenting time.
Legal Custody Vs Parenting Time
Child custody may be legal custody or physical custody, also known as parenting time. When a parent has legal custody, they are solely responsible for making decisions that affect the welfare or care of the child. Legal custody decisions may include personal matters, education, and health. When a parent is given parenting time it means they will be living with their child most of the time. Read more on child custody here: http://ronaldsaperpc.com/phoenix-child-custody-lawyer/
Recent custody laws are in favor of joint parenting time as opposed to granting one parent custodial rights owing to the child’s or parent’s gender.
How to File for Child Custody
The first step in filing for child custody is making a “Petition to Establish Legal Decision Making, Parenting Time, and Support”. This petition provides the court with basic information regarding your case including issues such as paternity and what you are seeking after: sole custody or joint custody.
The next step in pursuing child custody is make sure the other parent receives the petition you filed in step one. This legal process is called legal service. The other parent will respond to your petition by either agreeing to settle the matter or objecting to your concerns.
If you fail to reach an amicable solution, the court will schedule a trial to resolve your disputes. The final step of a child custody case is where the court grants either one or both parent’s custody of the child. Both parents are required to respect the court’s decision regarding custody.
What Happens When One Parent Violates a Child Custody Order?
If one of the parents violates a custody order, the other parent is supposed to file a “Petition to Enforce a Child Custody Order. The court will determine whether the defaulting parent interfered with court-ordered legal custody or parenting time. The court will assess the court costs and legal fees incurred by the claimant and order the other parent to cater for these costs.