dimanche 13 mars 2016

Child Custody Assessment Tools Used In Divorce Settlements

By Michael McDonald


Most courts use a regular method when deciding which parent the child should live with. The method has the kids best welfare when coming to a decision about who among the caregivers can the child live with. At times, as part of th child custody assessment tools, courts can order a drug test to be done on both parents and if a parent refuses, the consequences are severe.

There have been questions of whether custody can only be awarded to one parent. It can be awarded to both parents and its called partial custody or in most cases, joint custody. Physical joint custody is when they get to have equal time with the kids. Legal joint custody is when both parents are responsible for deciding about matters concerning the kids. Sometimes its both custodies.

In the past, custody was awarded to mothers especially of children below five years. But in the recent years most states consider the physical fitness of both parents. Courts will most likely award custody to the parent who has the best interests of the child disregarding the gender. Most divorced parents agree the mother to have custody while the father maintains the visitation rights.

In case of an argument, quarrel or any other reason and one parent moves out, his chances of getting custody for the children reduces. It is considered irresponsible for the parent to leave and in the process leave the kids behind. Even if the quarrel would have led to something catastrophic, it does not let the parent off the hook.

The childs custody depends highly also on the parents lifestyle. If a parent smokes and takes more alcohol than the other, chances are that he/she will not get the custody. A child has to live where his health will not be at risk. There are other social aspects too. If there is a history about child abuse, that would be an immediate red flag.

Before getting custody, one has to be able to provide in general a good stable environment for the kids. The parent has to be able to give them the basic necessities like shelter, food clothes, a nice home and basic medical care. It will also depend on the bond a child has with the parent. A parent with a strong bond with their kids will most definitely get custody.

The sexual orientation of a parent fighting for custody has been a topic in most states. Some states do not mind a parents sexual orientation and can get custody as long as they can provide for them. In some states though, being gay equals reducing your chances at getting custody and in some cases being denied visitation rights.

Sometimes, all these dynamics does not favor a parent over the other. What will the court do? The other option for the court is to consider the guardian who will nurture a better bond between the children and the other parent who will not get custody. Most likely the parent will be the primary caregiver since birth and can give the same lifestyle to the children as they are used to.




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