Child Custody - Parental Custody


The Way to Win Child Custody Motion For Joint Custody

There's a sure-fire way to win in child custody. That way is not to go to war and work peaceably with the other parent to work out an arrangement in the child's best interests. The best outcome is produced when the parties can cooperate in the best interests of the child; so that an outcome can be reached in which everyone involved is a winner. If this were possible in every case, there would be a lot less money being spent on family law lawyers to litigate custody issues.

It's very unfortunate when children are used as ammunition in a battle between the parents, and the children wind up paying a high price. But in the heated emotional environment that often arises during a divorce, some spouses are unable to put aside their hostilities and put the child's needs first. Some parents will try to turn the child against the other parent, which can lead to parental alienation. It's always best not to speak badly about the other parent to a child, even if the negative statements that may be made are valid. In some cases, the judge will issue a goodwill order to restrain parents from expressing negative opinions about the other parent to a child.

As part of a divorce proceeding, a parenting plan can be created by the parent agreeing to sole custody or joint custody. Even when shared parenting is ordered, one parent may be designated as having primary custody when the child will spend the majority of time with that parent and his or her home will be the primary residence. Typically, when child support is ordered, it is granted to the parent with sole custody or primary parent. Child support may be agreed on by the parties or ordered by the court, often using state child support guidelines. Unless good cause exists not to, the court will typically grant visitation to the parent without primary or sole custody.

A family law court will decide child custody matters based upon the best interests of the children involved. Under common law principles, both parents have equal rights and access to a child. When parents separate or divorce, there is a presumption that joint custody is in the child's best interests. However, this presumption can be overcome by mutual agreement by the parents to give sole custody to one parent, or when evidence shows that one parent's custody is against the child's best interests. In order to show that a child's welfare would be harmed by granting a parent custody, evidence of parental unfitness may be introduced. Such evidence may include issues such as the following:

  • Domestic violence
  • Child abuse or child neglect
  • Illegal drug use
  • Excessive drinking or alcoholism
  • Criminal activities
  • Mental illness
  • Lack of visitation and/or providing child support
  • Incarceration
  • Lack of proper, stable residence
  • Chronic health issues

They may be other factors considered by the court, but these are the ones most commonly raised. These issues may be raised during an original proceeding for dissolution of marriage, or may be raised as apart of a motion to modify child custody. They are also sometimes raised in a proceeding to terminate parental rights. These types of proceedings can be very emotionally charged due to the acrimonious litigation involved, and it's best to not involve the child whenever possible. In some states, the judge will allow a child of a certain age to express their preferences for custody. If the child testifies, this is normally done in a setting such as the judge's chambers, where the child isn't exposed to the rest of the testimony and accusations made in the proceeding. In some cases, an evaluation will be completed by a court-appointed psychologist or other professional. The evaluator may interview the parents, child(ren), and visit the residences of the parties involved, in order to prepare a report for the court's consideration.

Once the original child custody order is issued as part of a final divorce decree, it can only be modified by the court upon a showing of a significant change of circumstances or a stipulation by the parties in a joint motion for change of custody. Even if the parents voluntarily agree to change child custody, it will not be enforceable under the law unless it is incorporated into a court order. If there is a court order on the issue of child custody, it is enforceable in court through a motion for contempt or a show cause motion if the order is violated. If there is merely a verbal or written agreement between the parents, it will not be enforceable in court.

US Legal Forms offers affordable, top quality child custody forms for seeking sole custody or joint custody. We also have a vast selection of related forms, such as parenting plans, modification of child custody motions, and state-specific divorce packages.

Top Questions about Joint Custody Agreement

  • What does a 70/30 split look like?

    A 70/30 split in child custody refers to the time distribution between parents where one parent has primary custody for 70% of the time, and the other parent has custody for 30%. This arrangement typically benefits the child by providing stability with one primary caregiver, while still allowing significant time with the other parent. To ensure this split is documented properly, you can utilize Child Custody - Joint Custody and Sole Custody Forms tailored for your situation. Uslegalforms offers a variety of forms that help make this process straightforward and legally sound.

  • What looks bad in a custody battle?

    Certain behaviors can negatively impact your custody case. For example, failing to demonstrate a commitment to your child’s welfare or being involved in consistent conflict can raise concerns. Additionally, any actions that suggest neglect or substance abuse may damage your credibility. To strengthen your case, US Legal offers tools to help you prepare and present your situation effectively, ensuring you focus on what truly matters: your child's best interests.

  • What not to say during a custody battle?

    During a custody battle, it’s crucial to communicate carefully and thoughtfully. Avoid negative comments about the other parent, as this can reflect poorly on your character. Instead, focus on your child's well-being and your readiness to meet their needs. Remember, using Child Custody - Joint Custody and Sole Custody Forms can help you present your case more positively in court.

  • What is the schedule for sole custody?

    In a sole custody arrangement, one parent has the full legal authority to make decisions about the child's upbringing. Typically, this includes decisions about education, healthcare, and general welfare. The visitation schedule for the other parent varies and is often determined based on the best interests of the child. Utilizing US Legal forms can provide you with specific options for creating a flexible and effective schedule that suits your family's needs.

  • What are the disadvantages of sole custody?

    Sole custody can place a heavy burden on one parent for all decision-making and daily care. This arrangement often leads to more stress and time commitment for the custodial parent. Furthermore, the non-custodial parent may feel excluded from important aspects of the child’s life, which can create emotional strain for both parents and the child. If you're facing such a decision, consider using Child Custody - Joint Custody and Sole Custody Forms to support your legal journey.

  • Why would a parent want sole custody?

    A parent may seek sole custody to ensure a stable environment for their child. Sole custody can simplify decision-making, especially concerning education and healthcare. If one parent feels the other is unfit to share responsibilities or poses a risk to the child, sole custody might be the necessary choice. With Child Custody - Joint Custody and Sole Custody Forms, you can outline your wishes clearly and legally.

  • What are the downsides of joint custody?

    While joint custody can provide a balanced approach, it may also lead to complications, such as scheduling conflicts or differing parenting styles between parents. Frequent transitions between households can be unsettling for young children. Additionally, both parents must maintain open communication and cooperation, which can be challenging if relationships are strained. Before making a decision, consider using Child Custody - Joint Custody and Sole Custody Forms to facilitate discussions.

  • Should I file for sole or joint custody?

    When deciding between sole custody and joint custody, consider your family’s unique situation. Joint custody typically allows both parents to share responsibilities and time with the child, promoting a sense of stability. On the other hand, sole custody may be more suitable if one parent has concerns about the other’s ability to co-parent effectively. Utilizing Child Custody - Joint Custody and Sole Custody Forms can help clarify your custody preferences.

  • What is the most common custody agreement for children?

    The most common custody agreement usually involves joint custody, where both parents share parenting responsibilities. However, each case is unique, and some may lean towards sole custody based on circumstances. Using Child Custody - Joint Custody and Sole Custody Forms helps outline the specific terms suited for the child’s needs. Understanding various options can lead to an effective agreement.

  • Can I get sole custody without going to court?

    Acquiring sole custody without going to court is possible if both parents agree on the terms. Utilizing Child Custody - Joint Custody and Sole Custody Forms allows you to create a legally recognized agreement that both parents sign. Still, it's wise to consult with a legal expert to ensure your rights are protected and the agreement is valid. Communication is key.

Tips for Preparing Child Custody - Joint Custody and Sole Custody Forms

  1. Make sure that you’re entirely prepared to file for divorce. Divorce can be a tremendously difficult experience from an mental, legal, and financial standpoint for all parties involved. Parting ways with your husband or wife might be a short-sight choice to start new chapter in your life. Before preparing Child Custody - Joint Custody and Sole Custody Forms and initiating the divorce process, take into consideration all the alternative options. Discuss it with a marriage consultant or try therapy. Take as much time as you need to make the most rational decisions.
  2. Prepare Child Custody - Joint Custody and Sole Custody Forms and other important paperwork to terminate your marriage. Whether you start divorce yourself or with an attorney’s help, having all your forms collected and arranged will set you up for smooth sailing. Ensure you don’t overlook essential files. If you decide to a do-it-yourself divorce, you can use US Legal Forms as professional online forms provider and locate all the required files to set off the process.
  3. Try to reach a preliminary agreement with your spouse. It becomes even more important if children are involved. Try and discover common ground on child custody and visitation. Plan ahead how you break the news about divorce to your children in a much less harmful way as possible. Discuss with your partner the assets you’re willing to divide, give up, and get. By doing this, you receive a chance to file for an uncontested marriage dissolution and make the entire process less painful for all parties involved.
  4. Keep yourself well-informed about the nuances of moving forward with dissolution of marriage in the state of your choice. Each state has its own jurisdiction concerning who, when, and how|and just how someone can proceed with divorce. You can select a state to file for divorce, but you need to take into account a list of things regarding the dissolution of marriage regulation in the selected state before you decide to move forward with drafting the Child Custody - Joint Custody and Sole Custody Forms. These include but are not limited to statutory and residency requirements, community property rules, etc.