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What is a child custody proceeding?
A child custody proceeding is the expression used to describe any court case concerning adoption, custody, child protection, guardianship, cessation of parental rights, and/or placement of the child.
How is it decided who gets custody?
The essential factor in deciding custody is determining what is in the best interest of the child. In most cases, it is believed that it is best for the child to have regular contact with both parents. The parent who is more prepared to meet these terms is likely to become the custodial parent.
Is custody always awarded to the mother?
The court ultimately determines who gets custody of the child, it can be awarded to the mother, to the father, or a joint custody agreement can be made. It all depends on what is in the best interest of the child.
What is a joint custody agreement?
Joint custody gives both parents the right to influence the child's raising. It is where both parents have legal responsibilities and rights regarding their child, despite where they live. The child may live with one parent and visit the other on weekends, it could spend equal amounts of time living with each parent, moving back and forth on a regular basis. Even though the custody is shared, they child may simply live with one parent and visit the other from time to time. Joint custody can be a good solution if both parents are able to maintain a civil relationship, and work towards the benefit of their child. However, like most things, joint custody can have disadvantages. It can have a negative effect on the child if the parents maintain a hostile and harsh relationship.
What if the parents can't decide on a custody agreement?
In the event that parents are unable to come to an agreement regarding custody and visitation plans, they may have to take part in court-ordered negotiations to find a solution. In such a session, a third party will aid the parents in reaching an agreement. Once agreed upon, the terms will be confirmed by court order. If parents are unable to come to an agreement is such a session however, visitation and custody will be decided by the court. Evidence will be presented by both sides, and the court will then decide which parent will be awarded custody. Parents are advised to try to work things out together first, before a child custody procedure takes place, as these can be very expensive.
Can the child decide who he/she wants to live with?
Where allowed by law, the child can explain his/her preference and the reason for this to a judge. The judge can use this information as a factor when determining custody. This information may help influence the custody case; however the ultimate decision is made on what would be in the best interest of the child.
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