Not exact matches
When deciding to
award sole
custody, the court will make a decision
using the best interest of the child standard.
In Massachusetts, courts
use several criteria to establish
custody of children born out of wedlock;
custody can be
awarded to the mother, the father or to both parents together.
In this case, the motion judges» three factual findings of: (i) the need for the father to pursue lengthy
custody and access litigation in order to have any relationship with his children; (ii) the mother's failure to pay anything toward the costs ordered by the Court of Appeal; and (iii) the fact that the mother thwarted the enforcement of the costs
award by reneging on assurances she made to the court about her intent to pay the costs and not
use bankruptcy to thwart that payment, ground the finding of prejudice.
Many states and courts
use a standard visitation order, sometimes called a standard possession order, when a judge
awards shared physical
custody.
Historically, courts
used to give physical
custody of young children to mothers automatically, sometimes because state laws required such
awards.
Joint or sole
custody may be
awarded based on the best interests of the child and other factors that include 1) the preference of the child, 2) the desire and ability of each parent to allow an open and loving relationship between the child and the other parent, 3) the childs health, safety and welfare, the nature and contact with both parents and 4) the history of alcohol and drug
use.
Although most experts believe that a child has a least two (2) psychological parents, it is sometimes
used as a clinical argument to
award sole
custody on the basis of averting risk the child may develop an attachment disorder.
This Berkeley - educated,
award - winning (see curriculum vitae below) child psychologist created the Emotional Availability Scales, the system for scientifically understanding parent - child connections, which is
used worldwide in research studies in clinical work with parents and children, and in child
custody evaluations.
The New Jersey courts
use different standards to determine initial
custody awards versus requests for changes to an established
custody order.
[FN100] The * 793
use of a standard parenting plan form provided by the court may be useful to parents and judges when joint
custody is to be
awarded.
In the past, courts
used to frequently
award mothers sole
custody of the children.