How will child custody be decided if my spouse and I cannot agree on terms?
Child custody can be decided in a variety of ways. A court may grant joint custody or supervised visitation, or it may grant the other parent no visitation at all. While no visitation is extremely rare, courts can grant it if the children are in danger. While courts are not supposed to favor either parent, judges are not impartial, and there may be gender biases.
Joint custody
When a couple cannot agree on child custody terms, they may go to court to fight over the terms. There are many different types of child custody and visitation laws. Generally, there are two main options: sole physical custody and joint legal custody. Joint legal custody means that the parents share joint authority over major decisions, such as who gets to make medical and religious choices. Joint physical custody means that the parents share equal physical supervision and time with the child.
Whether sole custody or joint custody is the appropriate choice for your situation depends on the circumstances. In the case of young children, the primary caregiver will most likely be awarded custody. For older children, the parent with the best chance of maintaining the child's religious and neighborhood life may be favored.
Parenting time
If you and your spouse cannot agree on the terms of child custody, you may need to go to court to obtain a custody order. Child custody cases are handled according to the best interests of the child, and the court will look at many factors to determine custody. For example, the age of the child, the relationship between the parents, and the home environment can all be examined by the judge. You may also be required to present witnesses and attorneys for your case.
There are many different types of child custody, and one of them is joint physical custody. Unlike shared physical custody, joint physical custody involves shared responsibility for major decisions regarding the child's life. However, this type of custody arrangement isn't always a good fit, especially if the parents don't get along. Frequent transitions between the parents can lead to conflict.
Visitation
If your spouse and you cannot agree on terms, the judge will have to make the decision. In most cases, a judge will approve the agreement, but this is not always the case. The judge may also change custody arrangements if the parents cannot agree on their own. If this happens, you can take your child custody case to mediation to get a new agreement.
In this situation, it's important to create a detailed schedule for visits. Courts often create a schedule for visitation based on holidays, special occasions, and vacations.
Extraordinary circumstances
Although natural parents have an inherent advantage when determining child custody, non-parents can gain custody if they can demonstrate extraordinary circumstances. These circumstances can include unfitness, persistent neglect, or abandonment. If either parent has exhibited any of these behaviors, the court may award the non-parent custody.
Appellate courts have occasionally reaffirmed the principle of extraordinary circumstances when deciding child custody. One such case was the Matter of Benjamin B., wherein a father's fiance was awarded custody of a four-year-old son. The father's fiance had a long-standing relationship with the child and the mother was suffering from a psychotic disorder.
Court order
If the parties cannot agree on terms for child custody, a Court order can be obtained. You can also go to mediation to resolve the issue. A trained mediator can help you work out a custody agreement with your spouse. The mediator will also be able to give you tips for dealing with this kind of situation.
In the first place, it is important to consider the needs of the children. In most cases, a court will make a determination about the child's best interest. The court will look at any evidence that suggests one parent is hurting the child.
If you have any questions, you can get a free consultation with the Best Attorneys in Utah.
Ascent Law LLC:
8833 South Redwood RoadSuite C
West Jordan, UT 84088
(801) 676-5506
