Child Custody

There are obviously few tasks which involve the application of greater sensitivity, delicacy and importance than the adjudication of child custody disputes.

Importantly, there is a distinction between the legal custody a child and the physical custody. Legal custody involves the rights of the parties to access information regarding the child, and to participate in important decisions effecting the child's general welfare, medical treatment or education. As the Courts have an affirmative duty to facilitate the best interest of the child by attaining for the child the love and affection of both parents rather than one, it is generally found that joint legal custody is in the best interest of the child, and the overwhelming majority of cases are resolved by the parties having joint legal custody of the children. Physical custody involves where the child physically resides, and generally there is one parent designated the parent of primary residence, and the other parent designated the parent of alternate residence, and the child primary resides with the primary parent, and the alternate parent has a schedule of parenting time. What is appropriate for a schedule of parenting time depends of the particular circumstances of the parties and the children, and it can range from restricted parenting time, perhaps even a requirement of supervision if warranted by the circumstances, to a joint physical custody arrangement where the parents equally share the physical custody of the children.

There are many factors a Court must take into consideration in determining custody, which include, but are not limited to, the parents' ability to agree, communicate and cooperate in matters related to the child, the parent's willingness to accept custody and any history of unwillingness to allow parenting time not based on substantial abuse, the interaction and relationship with the child with parents and siblings, the history of domestic violence, if any, the safety of the child and the safety either parent from physical abuse by the other parent, the preference of the child when of sufficient age of capacity to reason so as to form an intelligent decision, the needs of the child, the stability of the home environment, the quality and continuity of the child's education, the fitness of the parents, the geographical proximity of the parent's home, the extent in quality of the time spent with the child prior to or subsequent to the separation, the parent's employment responsibility, and the age and number of the children.

Custody disputes are complicated and difficult matters for the parties. Usually, the parties or the Courts will obtain the assistance of mental health professionals to perform evaluations and make recommendations to the Court as far as what custody arrangement is in the best interest of the child.

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