what does a family court judge want to hear
So, what exercise judges look for in child custody cases when deciding to honor sole or articulation custody? Here are five key circuitous issues the court must face up when adjudicating child custody cases. Except when information technology is proven not to be in the child's best interests, the courtroom works with parents to maximize their fourth dimension with their children.
By Maryville Academy's Forensic Psychology & Criminal Justice Department
Making the right determination in a custody instance is crucial to ensuring the child'southward wellbeing. All the same, with limited fourth dimension for arguments and each parent telling a different story, whatsoever bias on the courtroom's part may pb to a decision that is not in the best interest of the kid, including placing them in a abode where they are at hazard of corruption or neglect.
Given these loftier stakes, in contentious cases, judges may gild a custody evaluation to exist administered past a qualified expert such every bit a forensic child psychologist. Forensic psychologists are particularly valuable in tough cases where grounds for full custody of a child are disputed or the fitness of a parent or guardian is in question. Their years of experience help judges come to a decision in the best interests of the child.
And then, what do judges wait for in child custody cases when deciding to whom to honor custody? Here are simply a few of the complex issues the courtroom must confront when adjudicating child custody cases:
- The age of the child.
- The relationship between the child and each parent.
- Where the kid's siblings live.
- The mental and physical well-being of the parents.
- The parents' caretaking chapters.
5 Factors Judges Consider in Child Custody Cases
In general, judges favor shared custody arrangements and do non seek to unnecessarily deprive whatever parent or guardian of contact with their kid. Judges are guided by the best interests of the child when making decisions on child custody.
Sometimes that decision is more straightforward than others. To illustrate the circuitous problems judges face when adjudicating kid custody cases, consider some of the factors they must consider.
1. Age of Child
Family law judges in the U.Due south. do not follow whatever across-the-board rules when it comes to historic period-appropriate custody planning. Most states are moving toward an approach centered on the best interests of the child at each developmental phase. Still, some states have laws that designate a certain age at which children receive increased decision-making ability in custody cases.
It is important to notation that historic period is not necessarily correlated with evolution. Still, some general guidelines exist.
- For children ages 0 to 2, who are in the sensorimotor stage, co-ordinate to Jean Piaget's theory of cerebral development, maintaining the bond between the child and each parent is prioritized. Visitations should be frequent and time away from either parent should exist minimized.
- Children ages 3 to 7, in the preoperational phase, are better able to tolerate separation, only they go on to need consistency, structure, and frequent contact with both parents.
- Preteens ages 8 to 11, in the concrete operational stage of development, will typically answer well both to spending some time away from either parent and frequent visitation. Depending on the school and extracurricular activities and the kid's preference, spending more time with one parent than the other may exist a better fit.
- Children age 12 and into adulthood are normally contained and seeking an identity outside of their parents. Judges encourage parents to be flexible, listen to older children's needs, and solicit their input when establishing a custody schedule.
ii. Relationship Between Child and Each Parent
Hither once more, when it comes to assessing the human relationship between the child and each parent, no strict rules exist, only guidelines. Judges are responsible for evaluating the quality of the relationships. If a child has a strong attachment to one parent to the point where separation causes distress, a judge may concur to a disproportionate physical custody arrangement favoring that parent. But, if a forensic kid psychologist or other mental health professional deems that attachment detrimental to the child's best interests, more frequent custody exchanges in conjunction with family unit therapy may be ordered.
Older children who are able to limited a preference for one parent over the other tin also influence the courtroom. A child who is vocally opposed to living with one parent is certainly a powerful witness. Nevertheless, a parent must demonstrate that they are able to create and sustain an emotional and concrete environment where their child can thrive. A kid's preference is not the only gene weighing on the court'south listen.
3. Location of Child'south Siblings
Courts normally endeavor to keep siblings together. When parents wish to separate siblings in a custody agreement, they must present a strong example to the court that centers on the children's best interests. However, in some cases, the courtroom may take it upon itself to divide siblings.
If the prophylactic of a child is in question – for instance, if a sibling is bullying or abusing the child – a estimate may order a separate custody arrangement for siblings if one parent is ameliorate equipped than the other to run across the abused child'southward needs. A psychologist or other mental wellness professional will probable be consulted in such cases.
The preference of the child may also hogtie a judge to separate the child from their siblings, particularly in the case of older children who have more difficulty getting forth with one parent than the other. Judges will not assign custody solely due to preference, but if it can be established that one abode is better for the child's well-existence than the other, the court will permit it.
iv. Mental and Physical Well-Existence of Parents
Parents' mental well-beingness is of great concern to a approximate in a kid custody case. Psychological disorders, overwhelming stress, drug or booze abuse, and mental health crises tin prevent a parent from interim in their child's best interests. Judges may lodge parents to seek therapy or attend counseling as part of a parenting plan. More punitive measures, such as mandatory drug testing and monitored visitation, may be ordered in cases where a parent's capacity to safely intendance for their child is in question.
Judges also expect at a parent's relationships with other adults, including their nonmarital sexual relationships. Having sexual partners present while their child is in the home or keeping company with criminals tin land a parent under court scrutiny. A judge may order a parenting programme that restricts contact with certain adults when the child is in the parent's custody.
A parent'southward concrete well-beingness is of import to the court besides. Untreated health issues can impact a parent's ability to care for a child on their ain. Disabilities can also bear on whether or not sole physical custody is appropriate. Here, family support can provide a mitigating factor.
5. Parents' Caretaking Capacity
Judges consider whether each parent has the capacity to bide by a parenting plan when making child custody decisions, and they consider each parent's income. The availability of family support is also of import: grandparents or other relatives who tin help financially or share kid care responsibilities eternalize a parent's case for sole or master custody – especially if the other parent lacks that back up.
Except when information technology is proven not to exist in the child's all-time interests, the court works with parents to maximize their time with their children. For example, if a parent has a chore that makes them unable to option a child upwards from school and family unit support is unavailable, partial physical custody can be awarded during the summertime months. The child would reside primarily with the parent best able to meet their needs during the majority of the year.
This article has been excerpted and edited from "What Do Judges Look for in Child Custody Cases?" (Maryville University, 2021) by the Online Bachelor's in Forensic Psychology & Criminal Justice Department. The total guide is available here: https://online.maryville.edu/weblog/what-do-judges-look-for-in-child-custody-cases
Related Content
Report from the Custody Committee of the ABA's Family unit Law Department
The Custody Committee'southward judges, family lawyers, and psychologists consider and deal with the all-important outcome of child custody during and later on divorce.
Published on:
Source: https://familylawyermagazine.com/articles/what-do-judges-look-for-in-child-custody-cases-5-factors-to-consider/
Post a Comment for "what does a family court judge want to hear"