How is child custody decided?
If the parties agree on a parenting plan, the judge will make it into an order. Generally, the parents will share joint legal custody: this means that they both shall participate in decisions about the children’s medical and educational needs. Each parent should be listed on the school’s forms and each parent can take the children to the hospital, to the doctor, participate in school activities, and so on. Physical custody, or physical residence, is where the children will live. If there is a dispute, the parties must see a counselor at Family Court Services. This mediation is free. The counselor tries to lead the parents to an agreement. If not, he/she will write a recommendation which goes to the judge; about 95% of the time, the judge will follow that recommendation. The counselor will consider who has been the primary caregiver? Is one home not stable? Do the children have special needs which are better met in one household? What is in the children’s best interest? I watch how fash
If the parents cannot agree on custody of the children, the Court will make the decision according to “the best interests of the children,” taking into account many factors including where the child has been living, the childs wishes and the mental health of the parents. The Court will not prefer a parent solely because he or she is male or female. The Court may seek the assistance of social workers and other professional persons. There is no legal presumption that sole custody or joint custody is preferable. Regardless of the type of custody arrangement ordered, both parents are entitled to have equal access to medical, school and other records of the child, unless this would put the child or the other parent in danger.
