Child Custody and Parenting
Child custody issues can arise from multiple different types of cases. The Probate and Family Court has the authority to enter child custody and parenting orders stemming from paternity cases, domestic abuse matters, complaints for child custody (when paternity has been established), and during and after divorce.
The court also has the ability to enter orders for grandparent visitation.
There are two types of child custody orders that the court will make. First, legal custody is a party’s right to make important decisions relating to the child (such as where the child goes to school, what doctor treats them, and so forth). A court will order either one party to have “sole” legal custody, or it will order “joint” legal custody to more than one party.
The second type of child custody is physical custody, which represents the actual parenting plan. Parents typically receive an order where one parent has “sole” physical custody while the other has parenting time, or “shared” physical custody where the child spends considerable time with both parents. There are many types of parenting plans, and each plan is made to accommodate the needs of the child involved, to allow frequent and continuing contact with both parents, and to provide stability for the child.
In some cases, the court orders one parent to have “supervised” visitation, where there appear to be safety concerns relating to a party’s ability to care for a child.
The most important thing to understand about all family law issues is that when a child is involved, the health, safety, and welfare of the child will be considered above everything else.
In all cases, the standard the court uses to weigh its decisions on legal and physical custody is best interest of the child. This test is both clear in what it is attempting to achieve, but it is also unclear on how the standard is applied. The vagueness is intentional because like many other family law issues, child custody is inherently case-specific. The court will consider a variety of factors to determine who the child should live with and when, and whether parties should share joint legal custody or not. For example, the court will consider the bond a child has with each parent, what the historical parenting arrangement has been, what the parent’s work schedules are, and so forth.
The court may appoint a Guardian ad Litem, or GAL, in any child custody case to investigate a particular family’s situation and potentially provide a written report for the court’s use. There are several types of GALs, which include attorneys and psychologists.
Custody can also impact child support, which in turn can impact tax issues. An important tax issue to consider is which parent is going to claim the child as a dependent on their tax returns.
Every Fellow has expansive understanding of child custody litigation, and if your matter involves children, contact one of our Fellows today. (Link)