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divorce custodyA child custody evaluation is done in order to determine both temporary and long term child custody arrangements as a result of separation or divorce. When the divorce is first initiated and two parents begin the process of separation, the court will generally make a child custody evaluation in order to determine physical custody of a child during the divorce process.
During this preliminary child custody evaluation, a judge may also rule that temporary monetary support be given to the parent with temporary custody. In cases where domestic violence is a threat or has been present in the family, a judge may also issue a restraining order to protect potential victims of domestic abuse and curb the risk of one parent unlawfully taking custody of a child and fleeing. The Department of Justice estimates that at least 200,000 children are unlawfully taken from their court appointed guardian.
When children are involved in a dissolving family, a child custody evaluation and the decisions made as a result will be a major component of the divorce settlement. There are two types of custody that are determined in a child custody evaluation. Legal custody of a child establishes who will be responsible for the decisions made regarding the child. This can include decisions such as education, health care, extracurricular activities, and the physical, emotional, and mental needs of the child. In a child custody evaluation, parenting history, the personal character of each parent, the amount of influence each parent has and will have over the child, and a number of other factors are considered when making decisions about legal custody. In addition to legal custody, physical custody is also considered in a child custody evaluation. Physical custody is who the child will live with and more generally who will be responsible for physically caring for the child.
In most states, a child custody evaluation will consider sole custody of a child to one guardian or joint custody, whereby both parents share responsibility in caring for the child. When joint custody is considered in a child custody evaluation, a parenting plan will be created in order to address the needs of the child with respect to each parent''s abilities and suitability for various responsibilities. A number of case-specific factors will be examined in a child custody evaluation in order to create an appropriate parenting plan that benefits the child involved.
A child custody evaluation is usually conducted by a mediator. This is a qualified psychologist or social worker with special training in child custody negotiations. This person will meet with the parents and the children and make a child custody evaluation. The suggestions and opinion made in this child custody evaluation will heavily influence a judge''s final decision regarding child custody. Parents can greatly benefit from the counsel of a qualified family law attorney during the child custody evaluation process. A legal professional can help protect your rights and options during the child custody evaluation process to ensure that your interests are maximized in terms of child custody.
The fate of a 6-year-old boy living in Delaware could set a precedent for how US-international divorce custody cases are fought and won. A custody battle between the boy’s parents, Henry and Jody Baxter, recently ended with the Philadelphia US 3rd Cir...