Child custody refers to who a child lives with and when. Parents usually file for custody in their “home state,” which is the place where they have lived with the child since birth.
Parents are typically encouraged to create their parenting plan and present it to the judge. However, situations can arise where a court intervention is needed.
During a Divorce or Separation
If a parent is considering divorce or separation, it’s a good idea to file for child custody Red Bank NJ of their children early on. This can help address financial needs, child safety, and visitation rights.
Legal custody gives a parent the right and responsibility to make important decisions about their child’s upbringing, such as where they will go to school, which religion they will practice, or what medical care they should receive. A judge will decide which parent should get sole legal custody or a shared custody arrangement.
Physical custody focuses on the day-to-day care of a child, including where they will live. While parents can agree on their physical custody arrangements, most courts will award one parent primary physical custody unless there are extraordinary circumstances that put the child in danger. The court will decide what type of visitation rights the noncustodial parent should have. The court may also order the noncustodial parent to pay child support.
After a Child Abuse or Neglect Charge
While it may be shocking to learn that a parent has been accused of abusing or neglecting a child, such claims are taken very seriously by courts. If a child protection agency determines that a child is in danger, the agency can remove the child and require that parents comply with a service plan.
Abuse includes physical or sexual abuse, and neglect refers to the denial of a child’s essential needs, including supervision, food, clothing, shelter, and education. Each State defines abuse and neglect differently, so it is necessary to familiarize yourself with the State laws regarding child protection issues.
A court will also take into account a parent’s mental health. This could include a severe mental illness that requires frequent hospitalization or makes the person prone to violent outbursts or mild mental health conditions like anxiety and depression that can significantly impair parenting abilities. The judge will consider whether the illness affects a parent’s ability to provide a safe environment for the child when making a custody decision.
After a Change in Circumstances
Many parents cannot find a solution independently and may require mediation or a judge’s help. It is best for everyone if parents can work out an agreement that meets their children’s and the parent’s needs rather than fighting it out in court.
For example, if one parent is not keeping to a child custody schedule or is constantly taking the kids on trips out of town without notice, that could be considered a substantial change in circumstances. This would mean that either parent can petition for a custody modification.
The courts put the best interests of the child above all other factors. So if it’s proven that a mental illness is making a parent unable to care for the child, or if it is likely that a disorder will cause harm, then the court will consider a modification. However, mild mental illness, where medication and therapy keep symptoms in check, is less likely to impact a case.
After a Change in Visitation Schedule
If a court has made custody or visitation orders, and significant changes have occurred since those orders were entered, parents can ask the court to make changes. During this process, parents may submit detailed phone logs, annotated custody/visitation schedules, financial information, proof of child support payments, etc.
If children are old enough, courts can also consider their preferences during a custody hearing. Usually, however, the judge will only consider the child’s wishes for a valid reason.
A court can award legal and physical custody to one parent or split parenting responsibilities, giving each parent some control over educational decisions, religious decisions, medical treatment, etc. A judge must always determine what is in the child’s best interests. A person who disobeys any custody order can be held in contempt of court and face penalties, including jail time.