Family law and child custody are one of the most challenging topics for many divorced parents. Parents can either make arrangements themselves or approach the court for such matters. Courts can make decisions about shared custody and visitation schedules.
Parenting has various roles in the Family Law Act 1975. However, this Act is gender-neutral regarding parenting roles. This article will discuss the complex field of child custody in family law.
Understanding Child Custody in Family Law
Custody requirements vary depending on the age of the child. If a child is under 18, each parent shares joint responsibility for the child. We call this concept equal shared parental responsibility. This involves both parents making long-term decisions for their child or children.
Child custody in family law expounds that these decisions involve schooling, health, and religious choices. Keep in mind that shared parental responsibility is not the same as spending equal time with a child. There are a lot of misconceptions about legal rights for equal contact between each parent. Also, parental responsibility for the children will apply if the child’s parents are:
- In a relationship
- Married
- In a de-facto relationship
- Any other serious circumstances
Whenever possible, child custody in family law will always aim to share parental responsibility. In some cases, this won’t always be achievable. The court can take away a parent’s right of parental responsibility if it is in the child’s best interests.
Parents’ first concern should be for their child’s best interests. Courts do not enjoy stripping parents of their rights unless it is really essential, which also requires some justification. Analysing child custody and visitation arrangements for parents needs a number of critical factors. These factors include:
- Financial status
- Current residency
- Moral character
When parents possess these factors, their prospects for visitation and custody are bright. Regardless of which parent the child lives with, each parent has the duty to give financial support to their children. The Department of Human Services (DHS) can administer support for financially incapable parents. However, providing this support requires a child support assessment.
Child Custody In Family Law: Physical and Legal Custody
The type of child custody a parent receives is tailored to their unique situation. The final child custody order in family law should address both physical and legal custody. Physical custody means which parent the child lives with. On the other hand, legal custody means which parent has the right to make decisions about the child’s upbringing.
As is the case with child custody in family law, courts will give weight to parental agreements regarding child custody. If parents can work together in achieving a proper custody arrangement, the judge will likely draft a court order. Separated couples working together is the best way to control what happens to their child.
However, there are instances where separated couples will continue to disagree about child custody in family law. If this happens, the court will decide on allocating child custody and visitation. In most states, the judge will examine and consider certain factors in every custody decision. Additionally, a child custody order from the judge is legally binding and enforceable.
How Do Courts Make Custody Decisions?
All courts have a standard on the child’s best interests. Furthermore, this is the highest priority when deciding on child custody in family law. What a judge considers to be in the child’s best interests will depend on many factors including the:
- Child’s age, sex, and mental and physical health
- Parent’s mental and physical health
- Parent’s lifestyle and other social factors
- Emotional bond between each parent and child
- Parent’s ability to provide guidance to the child
- Parent’s ability to provide basic necessities (food, shelter, clothing, and medical needs)
- Child’s established living pattern (school, home, community, religious institution)
- Quality of the child’s education
- Child’s preference (if the child is mature enough to express his/her own opinions)
Let’s say that none of these factors favour one parent over the other. Most courts would consider which parent is more likely to provide a stable home for the kid. Similarly, the parent can promote the child’s connection with the other parent.
When the child is young, this may imply granting custody to the parent who has been the child’s primary caregiver. When it comes to an older kid, the court may favour the parent who can nurture consistency in:
- Education;
- Neighbourhood life;
- Religious life and;
- And peer connections.
Common Child Custody Arrangements
The best parenting plans usually include an easy rotating schedule. Importantly, any child custody arrangement should always prioritise your child’s well-being. However, it’s important that parents will likely stick to a schedule that considers both parents’ needs and lifestyles.
2-2-3 Plan
This plan is great for parents with younger children who cannot tolerate being apart from either parent for lengthy periods of time.
- Monday, Tuesday – Mum
- Wednesday, Thursday – Dad
- Friday through to Sunday – Mum
- Monday, Tuesday – Dad
- Wednesday, Thursday – Mum
- Friday through to Sunday – Dad
2-2-5 Plan
Middle and high school students who have extracurricular activities can benefit a lot from this schedule. These students also need to be with the same parent on the same weekday.
- Monday, Tuesday – Mum
- Wednesday, Thursday – Dad
- Friday through to Sunday – Mum or Dad (alternate every week)
- Monday, Tuesday – Mum
- Wednesday, Thursday – Dad
- Friday through to Sunday – Mum or Dad (alternate every week)
One week on, one week off
This is the easiest plan to follow. Also, it is ideal for older children who feel content to spend lengthy periods of time with either parent. A child spends an entire week with a parent and the next week with the other parent.
Read: Best Custody Arrangements For Toddlers
Watch:
Modifying A Custody Arrangement
In nearly every state, one of the main goals for a judge is to uphold stability in child custody matters. This preference can make it difficult for parents to modify existing custody orders. Changing family circumstances might require updating current orders.
Most states require the petitioning parent to show significant changes in family circumstances in order to adjust custody or visitation. Furthermore, the parent must demonstrate that the present order no longer serves the best interests of the child.
Seeking Legal Advice With JB Solicitors
Do you need more information and assistance? JB Solicitors can provide further legal advice about child custody and family law.
Our seasoned family lawyers have experience in custody arrangements and custody. We also have mediation services for couples who want to reach a fair agreement about their child custody arrangements.
Contact JB Solicitors today about your concerns on child custody and family law
