Divorce Child Custody

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The court finds it complex and time consuming to issue a divorce decree when the child custody issue is in conflict. The judges frequently order a child custody evaluation. This is performed by an expert in the field of mental health, psychology and child psychiatry. This expert generally estimates the following.

• Parenting skills
• The life at home
• Activities of each parent
• The feelings and preferences of the child
• Relationship between the child and each parent

Multi state child custody issues are handled as per the UCCJA and UCCJEA.

UCCJA - Uniform Child Custody and Jurisdiction Act
UCCJEA - Uniform Child Custody Jurisdiction and Enforcement Act

Types of Divorce Child Custody

Sole Legal Child Custody

• One parent is given the right to make all major decisions pertaining to the child
• This parent need not procure consent or agreement from the other parent regarding any decision

• The child resides with one parent for a major part of the year. This parent is called as the "custodian"
• The child visits the other parent for a brief period as per a plan. This is called "visitation"
• Till date, it is observed that the courts award this type of custody more frequently to mothers rather than fathers. In some cases, the father proves that the mother is unfit and hence, the court awards the custody to the father

• This type of custody implies sole physical custody or both sole legal and physical custody

• Both the parents talk with each other and arrive at major decisions pertaining to the child like health care and education etc.
• This type is rather common amongst parents

• The child resides and spends considerable time with both the father and the mother
• This term does not essentially mean 50 percent time with each parent
• This type results in several benefits for the child

• A parent has both joint legal custody as well as joint physical custody

• A parent has more than 50 percent of the share of the child's time

Although, adultery does not have a direct effect on the custody decision, it plays an indirect role. Every court in the United States aims at the best interests of the child while finalizing the custody arrangement. The court takes into account the surroundings of the child and obviously the home life of the child. As a consequence, the following are taken into account.

• The relationship of the child with the person, with whom the parent is practicing adultery
• How this relationship is affecting the child?

• It may possibly harm the adulterer
• It would never help the adulterer
• In a nutshell, it is never a good thing

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