Embarking on that assessment should rarely, at least in contested cases, escape the difficult analysis of what will indeed be
the best custodial arrangement.
In a traditional divorce, Psychologists are used as expert witnesses to perform Custody Evaluations and then provide a written report or testify in court regarding their recommendation about
the best custodial arrangement for the children.
In a traditional divorce, Psychologists are used as expert witnesses to perform Custody Evaluations and then provide a written report or testify in court regarding their recommendation about
the best custodial arrangement for the children.
Not exact matches
It is always
better, in case of couples who are going in for a divorce, to decide upon a
custodial arrangement that is agreeable to both parties.
A skilled Prince William County child custody lawyer can help you present your case in the
best light to establish the
custodial arrangement that you feel is
best for your child or children.
This appoints an expert psychologist to render an opinion regarding the
best custodial and parenting time
arrangement for that particular child and family.
(1) the temperament and developmental needs of the child; (2) the capacity and the disposition of the parents to understand and meet the needs of the child; (3) the preferences of each child; (4) the wishes of the parents as to custody; (5) the past and current interaction and relationship of the child with each parent, the child's siblings, and any other person, including a grandparent, who may significantly affect the
best interest of the child; (6) the actions of each parent to encourage the continuing parent child relationship between the child and the other parent, as is appropriate, including compliance with court orders; (7) the manipulation by or coercive behavior of the parents in an effort to involve the child in the parents» dispute; (8) any effort by one parent to disparage the other parent in front of the child; (9) the ability of each parent to be actively involved in the life of the child; (10) the child's adjustment to his or her home, school, and community environments; (11) the stability of the child's existing and proposed residences; (12) the mental and physical health of all individuals involved, except that a disability of a proposed
custodial parent or other party, in and of itself, must not be determinative of custody unless the proposed
custodial arrangement is not in the
best interest of the child; (13) the child's cultural and spiritual background; (14) whether the child or a sibling of the child has been abused or neglected; (15) whether one parent has perpetrated domestic violence or child abuse or the effect on the child of the actions of an abuser if any domestic violence has occurred between the parents or between a parent and another individual or between the parent and the child; (16) whether one parent has relocated more than one hundred miles from the child's primary residence in the past year, unless the parent relocated for safety reasons; and (17) other factors as the court considers necessary.
However, where the parents have a shared
custodial arrangement, the trial court was required to make a full redetermination of what custody order was in the
best interests of the children.
The rights of a
custodial parent can vary by jurisdiction as
well as the terms set forth in a parenting plan established in a divorce settlement or legal custody
arrangement.
This article will examine recent decisions concerning the relocation of the
custodial parent in sole or primary physical custody
arrangements as
well as the proposed relocation of a parent in cases involving a joint
custodial arrangement, including both joint legal custody and joint physical custody.
For every rare couple (usually unremarried) who professes satisfaction with a shared
custodial arrangement, many more honestly will admit that «Yeah, we tried that for X number of years while we still lived in the same town, and it was a nightmare... now we get along pretty
good.»
Even if the
custodial parent is otherwise «fit,» such bad faith conduct may be relevant to a determination of what permanent custody
arrangement is in the minor children's
best interest.
The court will only modify a custody order upon a demonstration of a material change of circumstances, which means that the existing
custodial arrangement is no longer in the
best interests of the child, such as when a serious health problem prevents a parent from taking care of a child.
Couples fighting over the custody of their children need psychologists to support their version of a
custodial arrangement serving the
best interests of the children.
When parents do not agree about the
custodial arrangement for their children, a Mississippi court will examine the
best interests of the children in determining custody.
Provided they focus on the
best interests of the child, parents can modify
custodial arrangement between themselves.
It is
well documented through years of scientific research that actual
custodial arrangements are secondary to other issues.
In other words, when a court issues a custody order, it typically will not order a change to the
arrangement unless there's been a significant change of circumstances — a change so significant that the
best interests of a child are no longer served by the existing
custodial arrangement.
These factors are: (1) the potential advantages of the proposed move and likelihood the relocation will substantially improve the life of the
custodial parent and child as
well as whether the move is the result of a momentary whim by the
custodial parent; (2) the integrity of both parents» motives - for the move and opposing the move; and (3) whether there are alternative custody or visitation
arrangements that can be made that will foster an ongoing relationship between the child and noncustodial parent.
(1) the temperament and developmental needs of the child; (2) the capacity and the disposition of the parents to understand and meet the needs of the child; (3) the preferences of each child; (4) the wishes of the parents as to custody; (5) the past and current interaction and relationship of the child with each parent, the child's siblings, and any other person, including a grandparent, who may significantly affect the
best interest of the child; (6) the actions of each parent to encourage the continuing parent child relationship between the child and the other parent, as is appropriate, including compliance with court orders; (7) the manipulation by or coercive behavior of the parents in an effort to involve the child in the parents» dispute; (8) any effort by one parent to disparage the other parent in front of the child; (9) the ability of each parent to be actively involved in the life of the child; (10) the child's adjustment to his or her home, school, and community environments; (11) the stability of the child's existing and proposed residences; (12) the mental and physical health of all individuals involved, except that a disability of a proposed
custodial parent or other party, in and of itself, must not be determinative of custody unless the proposed
custodial arrangement is not in the
best interest of the child; (13) the child's cultural and spiritual background; (14) whether the child or a sibling of the child has been abused or neglected; (15) whether one parent has perpetrated domestic violence or child abuse or the effect on the child of the actions of an abuser if any domestic violence has occurred between the parents or between a parent and another individual or between the parent and the child; (16) whether one parent has relocated more than one hundred miles from the child's primary residence in the past year, unless the parent relocated for safety reasons; and (17) other factors as the court considers necessary
The possible sanctions include: compensatory time with the children; economic sanctions for costs incurred by the non-violator parent due to the other parent's custody or parenting time violation; modification of the existing transportation (pick up / drop off
arrangements)-- including changing the exchange location to a public place; ordering counseling for either or both of the parties and / or the children at the expense of the violator; ordering a temporary or permanent modification of the parenting time and
custodial arrangement if under the circumstances this relief is in the
best interests of the children; ordering the violator to participate in a community service program; incarceration of the violator with or without work - release; issuance of a warrant to be executed if the violator persists in failing to comply with court orders; any other appropriate equitable remedy.
If the parties have a shared custody
arrangement than the court will view the
custodial parent's application to relocate as a change in custody application — which triggers an evaluation of whether the move would be in the «
best interests of the child».