What is Child Custody?
Custody is the right and responsibility of a parent to make major decisions for his or her child.
Types of Custody
There are two types of custody :
- Sole custody means that one parent makes all major decisions for the minor child.
- Joint custody means that both parents make major decisions for the child jointly. It does not necessarily mean that the child spends equal time with both the parents. Major decisions would include decisions related to health care, religious upbringing and education. Both the parents have the right to give instructions to the caregivers, health care professionals and educators.
An important difference between joint custody and sole custody is that in sole custody the access parent has the right to receive information from all the above noted personnel involved but lacks the ability to give instructions regarding the child.
Essentially, day-to-day decisions related to the child are made by the parent with whom the child is residing, according to the residential/parental schedule.
Very importantly, the only and ultimate test for the Courts, at all times, in awarding custody is the best interests of the child.
Who may apply for custody?
Biological, adoptive , step parent, grandparent or other third party may apply to seek an order for custody.
Will parent’s conduct have effect on right to custody or access?
A parent’s conduct/misconduct is only relevant if it is going to affect that parent’s ability to properly care for a child. Examples of such conduct are: alcohol, drug abuse, moving children to a different town prior to the commencement of trial, not informing the other parent of important medications for the children, emotional, verbal, physical and sexual abuse against the other spouse, if existent through out the marriage.
What is a parenting plan?
- It is a plan which allocates the decision-making between the parents. It also chalks out a residential schedule to be followed by the parents.
- It can be incorporated into a valid separation agreement.
What if one parent wants to relocate with a child to a new place?
The court considers existing custody and access arrangements, views of the child (increases in weight with child’s age), reason for moving, the disruption to the child because of removal from family, school and community.
