In case of divorce experienced by low-income families, the question often asked is Child Custody Lawyers For Low Income Families? but before that, you must first understand the Child Custody Basics.
When parents divorce, the divorce decree will specify with whom the child lived (and on condition that the other parent will see with all the children). Frequently, parents work out these arrangements between themselves completely voluntarily or together with the help of a mediator or their lawyers. When single parents are unable to agree on who will have custody of their child, or when they’ve been unable to reach a conclusion, however, the court may intervene and make a choice on the basis of the child’s best interests.
In most situations, physical custody is awarded to a parent with whom the child will reside most of the time. Often, but, the custodial parent shares “legal custody” of the kid together with the non-custodial parent. “Legal custody” includes the proper to make conclusions regarding the kid ‘s schooling, faith, medical care, as well as other important concerns.
Child Custody Lawyers For Low Income Families?
Some parents have chosen a joint custody arrangement where the child spends an approximately equal amount of time . Proponents of the arrangement say it decreases the sensation of loss that a young child may experience in a divorce. Critics, however, say that it is better for the kid to get one home base, with liberal visitation allowed to the “non-custodial” parent.
When issuing custody orders, courts generally prefer to not separate siblings, however.
The statutes of all states require the mother be given sole physical custody unless the dad takes action to be granted guardianship when the child’s parents are unmarried. An unwed daddy frequently cannot gain custody over a mother who’s a great parent, but he’ll normally take priority over other relatives, foster parents, or prospective adoptive parents.
Guardianship Choices: Aspects to Consider
The courts consider various factors, in determining who will have custody. Although that can be difficult to ascertain, the overriding factor is definitely the child’s best interests. Often, the main factor is which parent is the child’s “primary caretaker” (more on this below). In making a custody decision, if the children are old enough, the courts will choose their preference into account.
Even though the “best interest” standard does vary from state to state, some factors are common in the top interest analysis utilized by the individual states, including:
- Wishes of the child (if old enough to capably express an acceptable preference);
- Religion or cultural factors;
- Need for continuance of stable home environment;
- Adjustment to school ;
- child’s gender and age;
- Parental utilization of excessive discipline or emotional abuse; and
- Signs of alcohol, parental drug or sex abuse.
Establishing “Primary Caretaker” of the Kid
In addition to the above mentioned variables, some states’ family courts allow a taste for the parent who can attest that she or he was a child’s primary caretaker during the course of the union. In custody cases, the “primary caretaker” variable became important as psychologists began to stress the importance of the bond between a child and his / her primary caretaker. This mental bond can be said to be important to the child’s successful passing through his or her developmental stages, and psychologists strongly support the continuance of the “primary caretaker”-child relationship after divorce, as being critical to the kid’s psychological stability.
When determining which parent has become the primary caretaker, courts focus on direct care taking duties, such as:
- Bathing, grooming, and dressing;
- Meal planning and preparation;
- Buying clothing and laundry duties;
- Fostering participation in extracurricular activities; and
- Teaching of reading, writing, and mathematics skills.
Based on the state where the custody decision has been made, other factors may be regarded as significant when determining main caretaker standing. Such things as exposure to second-hand smoke and volunteerism in the kid ‘s school have already been considered in a primary caretaker investigation. This preference doesn’t necessarily favor mothers while, in the past, the main caretaker preference looked merely another solution to give custody to mothers, as more and more guys share parenting duties. When it’s apparent that both parents have equally shared parenting responsibilities, courts once again will fall back on the “best interest” standard in determining guardianship.
Child Custody Is Never Simple:
Probably the most emotionally difficult section of a divorce for couples with kids is figuring who gets guardianship and the way that it’s organized. Needless to say, child custody also figures into situations where the parents aren’t married, too. In any event, make sure you’re protecting your parenting rights and ensuring the very best outcome to your kids by having a family law attorney review your case.
Child Custody Lawyers For Low Income Families
But in case you are in need of an attorney and can’t afford one, it’s almost always wise to try and get assistance from a legal assistance service locally. If they can’t help you, only don’t be discouraged.
Use LawHelpCa.org to seek out legal aid offices locally to see what areas of law they cover. This site may also help you with attorney referral services, as well as other free and low cost services in your county.