Custody arrangements can usually be modified over time to reflect the changing needs and abilities of the parents and children involved. Custody arrangements generally must be approved by a judge to be enforceable under state law. Typically, the custody agreement is formulated and approved at divorce or separation hearings. Social issues are sometimes slow to influence custody decisions. Homosexual parents still pose dilemmas for judges. Although homosexual parents have obtained or retained custody in many cases, the Virginia Supreme Court reinstated a court order in 1995 granting her grandmother custody of a boy because the lesbian mother`s sexual orientation was considered potentially dangerous to the boy (Bottoms v. Bottoms, 249 va. 410, 457 pp. 2d 102).
Similarly, in Ex parte H.H., 830 So. 2d 21 (Ala. 2002), the Alabama Supreme Court refused to return custody of a mother`s children, even though the mother claimed that the father, the custodial parent, had abused the children. Although the majority in the decision did not address the fact that the mother was a lesbian, an agreement drafted by the president of the court suggested that the court should consider homosexuals to be allegedly unfit for the custody of minor children. Contrary to such decisions, many courts were more willing to grant custody to gay and lesbian parents if the parents are a same-sex couple. See also Gay and Lesbian Rights. Nevertheless, the courts have put in place certain mechanisms to determine the best interests of a child. Guardians ad litem (guardian “for the trial”) or friends are sometimes appointed to represent the interests of the child and defend the child in court. Custody assessments may be ordered, with court services staff visiting each parent`s home and assessing each parent`s plan to care for the child.
The fact that one of the parents was the primary caregiver of the child is often taken into account, but is not sufficient to guarantee custody. n. the decision of a court as to the parent or physical and/or legal responsibility of a minor (child) under the age of 18. However, child custody can also be raised when a child, parent, close friend or government agency questions whether one or both parents are inappropriate, absent, dead, in prison or dangerous to the child`s well-being. In such cases, custody may be transferred to a grandparent or other parent, foster parent, orphanage or other organization or institution. While a divorce is in progress, the court may grant temporary custody to one of the parents, request conferences or inquiries (in some states, if the parents cannot agree, custody is automatically transferred to a mediator, commissioner or social worker) before a final decision is made. There is a difference between physical custody, which determines where the child will actually live, and custody, which gives the parent or custodial parents the right to make decisions in the best interests of the child. If the parents agree, the court may grant joint, physical and/or legal custody. Joint custody is becoming more and more common.
The fundamental consideration in custody should be the best interests of the child or children. In most cases, the non-custodial parent is granted access rights, which may include weekends, vacation periods and other occasions. The court may change custody at any time if the circumstances warrant it. (See: Custody, Divorce, Joint Custody, Child Support) The suspect had been taken into custody and interrogated. The files in question are in the custody of the Fbi. There are a number of terms related to custody decisions that can become confusing. A physical custody order refers to the person with whom the children will live most of the time. A legal custody order refers to the parent who has the power to make important decisions that affect children`s lives, including education, extracurricular activities and sports, religion, and health care. The family law system is based on the fact that children are best served when they have frequent and continuous contact with both parents.
For this reason, joint custody, both legal and physical, is the most common type of child custody, although the specifics of joint custody may vary. The Parental Abduction Prevention Act often works with state laws, such as .B. adoption by the state of the Uniform Child Custody and Enforcement Jurisdiction Act to facilitate the return of a child to the state that has the appropriate jurisdiction. Many of the provisions of federal custody law are similar to those of corresponding state laws. For example, Kate and Robert cannot agree on custody and visitation if they file for divorce. Robert works 40 to 50 hours a week, while Kate works part-time so she can take care of the kids after school. The court may order the children to remain with their mother, who was their primary custodian, in the family home until a permanent custody and visitation order can be issued. When a judge makes a decision on custody and access to the children, the decision becomes an official court order. .