child custody
Legal child custody means the right to determine the child's
upbringing, including education, health care, and religion.
Under joint legal custody, both parents have equal rights and
responsibilities, including the right to participate in major
decisions that determine the child's upbringing. A party has
physical custody when he or she is responsible for the routine daily
care, control, and residence of the child. Joint physical custody is
an arrangement between the parties that meets these needs of the
child. A custodial parent or custodian is the person who has the
physical custody of the child at any particular time.
When determining child custody and support, the court will
consider the best interests of the child. There are twelve factors
defined in law but the list is not exhaustive. In addition, there
are special factors when joint custody is sought, and there are
times when the child's preference is considered. Obviously, custody
can be an emotional part of a dissolution when each party feels
better suited to parent the child, while convinced the other party
is not suited to raise the child.
During a contested proceeding, a court-appointed neutral expert
may be appointed to evaluate each party and recommend the custody
framework. Each party may also hire his or her own expert to do the
same. In some cases, the court may appoint a Guardian ad Litem, who
is a person appointed by the court to represent the best interest of
the child or children involved.
Any change to custody can be quite difficult, as it requires
evidence the child is endangered in his or her current environment.
The law favors stability in the child's life wherever possible
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