Factors Considered by the Court When Determining Child Custody
When determining custody, the court looks for the parent who is best able to provide a stable environment and nurture the relationship between the child and the other parent. Young children may be awarded custody to the primary caregiver, while older children may be better off with a parent who fosters continuity in their neighborhood, education, and religious life. This may involve considering the mental health of the parents involved.
The court also looks at who has provided financial support and care for the child. This may be in the form of child support, but it can also mean providing housing, feeding, and teaching. In addition, the court will consider the set-up of the family home, such as the amount of time a parent spends with the child, including how often the child is with each parent. It is important to seek advice from the best Miami child custody attorney on how to navigate this complex process.
Judges also consider the history of the parent-child relationship. Are the parents generally cooperative? Have they interfered in one another’s visitation? Are there any issues with the children’s health? Do they know each other well? Do they share the same beliefs? These factors may influence the outcome of the child custody case. If the child has a strong attachment to one parent, the other parent is less likely to be in a position to resist the other parent’s wishes.
The court considers the best interest of the child. It is important to remember that this standard is extremely broad and difficult to define. It can favor one parent over the other, or it can favor both. Because the standards are not clear, the appellate courts usually defer to the lower court judge and do not attempt to introduce formulas in child custody cases. Nevertheless, it’s important to keep in mind that the court looks for the best interest of the child when making a custody decision.
In most cases, the courts will award joint physical custody. However, if the other parent is unable or unwilling to cooperate, the court may deny joint custody. In these cases, courts will direct mediation or therapy. In general, most psychological experts advocate joint custody. However, if it is not possible to work out an agreement, the court will make the decision based on the best interest of the child.
Joint custody: Joint custody means that two parents share the authority to make decisions for the child. In addition, the parents must communicate in order to keep each other informed. The judge can also award visitation rights to the other parent. Joint custody can be either primary or secondary custody. If joint custody is awarded, it means that each parent gets equal time with the child. If neither parent has the physical custody right, the child will likely be residing in the home of the other parent.
In Miami, both parents are obligated to maintain their relationship with the children. It’s important to maintain a detailed parenting journal and to take many photos of daily activities with the children. Evidence of good health is also a must. In addition, you should know all of the important people in your child’s life. In addition, you should be prepared to offer a witness or two if necessary. If you are able to produce proof, your case will be more likely to be successful.
The best way to ensure that you get your child custody award is fair and equitable is to consult an attorney. Many attorneys specialize in LGBT-related issues, and if you are concerned about your sexual orientation, you should consider hiring an attorney. The National Center for Lesbian Rights can provide a list of qualified attorneys in your area.