Common Child Custody Concerns

Children Testifying In Court

Perhaps the biggest thing that parents fear with regard to the issue of child custody is the possibility of having their children testifying in court. In virtually every case this will not happen, nor will the judge want to speak privately with your children in the judge’s chambers. Instead, the court normally appoints a social worker or a lawyer to represent the children’s interests and to present the children’s interests to the judge.

Moving and Child Custody

Frequently a parent with custody of the children will want to move to a different area or province. However, just because you have custody does not mean that you can simply take the children with you. You must obtain either the other parent’s permission, or the court’s permission. This is true even if the other parent only sees the child once a month. In deciding whether to permit the children to move, the court considers what is in their best interests.

Battling a Non-Compliant Spouse

Often, one parent won’t comply with a court order regarding child custody or access. In this case, you should not resort to self-help measures. Your best course of action is to document everything thoroughly and then get a lawyer to bring a motion for contempt.

Child Custody Orders Are Not Set In Stone

The court wants to ensure that what has been ordered with regard to child custody and access issues remains in the best interest of the children. Should the needs of your children change, the court can always change custody and access. That being said, changes to custody can be hard to make unless there are serious problems with the current custody arrangements.

Parents Working Together

One last thing which is important to establish is the importance of parents who work together. Not only will this benefit the ease of the relationship regarding child custody matters but will help the child to adjust to the divorce much better. Studies regularly show that it’s not the divorce itself that has a large impact on the children, but how much conflict there is between the parents during and after the divorce.

Mother or Father?

Many people falsely believe that when a couple with children divorces, the children will automatically be placed with the mother. This is not true. Although the child is usually placed with that parent who has been the primary caregiver, who in fact gets custody of the children depends on what is in the children’s best interests.

What is in the children’s best interests depends on a variety of factors. Some of these factors include ability to provide for the children, relationship between parent and children, children’s wishes, what would be less disruptive for the children (status quo) and which parent has more time to give adequate attention to the needs of the children.

Courts are also hesitant to split children up between parents, should there be more than one child.

Perhaps the top three most important factors that a court considers are status quo, primary caregiver and not splitting multiple children up between parents.

Other Articles about Child Custody

  • Common Child Custody Concerns – Perhaps the biggest thing that parents fear with regard to the issue of child custody is the possibility of having their children testifying in court.
  • Child Custody Assessments – A child custody assessment is an investigation by a psychologist, psychiatrist or social worker.
  • Age of Child and Custody – One of the most common questions parents ask is at what age can their children choose the custody and access arrangements.
  • Making Visitation Easier On the Children – Here are some ways to try and ease the visitation process and make it a little less painful for the kids.
  • Divorce and Relocating Children – Even if you have sole custody of your children you still must obtain the permission of the other parent before moving.
  • Joint Custody – “Joint custody” means that both parents have the right to make these decisions for their children.
  • Avoiding Summer Visitation Problems – When summer is coming, divorced and separated parents frequently run into problems with their custody and visitation situations during vacation periods.
  • Relocation Issues – What happens when one parent wants to move away with the children?

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