Legal Term for Custody of a Child

Sole physical custody means that one child lives with only one parent, while the other parent may have visitation rights with their child. The first parent is the custodial parent while the second is the non-custodial parent. [10] [13] [14] [15] In determining the home in which the child is to be placed, the court strives to make a decision in the „best interests of the child.” A decision made in the „best interests of the child” requires that consideration be given to the wishes of the child`s parents, the wishes of the child and the child`s relationship with each parent, sibling and other persons who may have a significant impact on the best interests of the child, the comfort of the child at home, at school and in the community, as well as the mental and physical health of those involved. In all states, joint custody is preferable, as the courts consider it important that children have contact with and be cared for by both parents. However, circumstances may require other precautions. A custody and support order outlines which parent the child will live with, how the access will take place, who can make critical decisions about the child, and who will provide financial support. Child support refers to payments, usually monthly, that a non-custodial parent makes to a child to cover basic expenses, such as food, clothing, education and entertainment. As a rule, a court orders the payment of family allowances and fixes the amount of such allowances. Every child is legally entitled to alimony until the age of 18, until he or she joins the army, lives alone or marries.

In cases where the parents share custody, the parent who earns a higher income usually pays child support to the other parent. The view of children as servants of their fathers and economic assets began to change in the nineteenth century. The children had their own interests, often associated with caring for a caring mother. The women`s movement of the time also fought for the custody of women in its campaign. [33] Judges eventually began to prioritize the „best interests of the child” associated with mothers, particularly for young children and girls. The maternal presumption was developed in court by legislators such as the Early Years Doctrine, which assumed that children should be placed with their mothers in custody debates. [34] The transfer of custody to the father was seen as „contemptuous of nature and helplessly tearing childhood out of a loving mother`s womb and placing it in the harsh hands of the father” when the mother was „the sweetest and safest nanny in childhood.” [35] This maternal hypothesis has existed for more than a hundred years. The only exception to the maternal presumption was when the mother was considered „unfit.” Most often, this happened when women had committed adultery or left their husbands.

[33] In 1978, the United States Supreme Court ruled that the adoption of a child by the child`s stepfather did not violate the procedural rights of the child`s unmarried biological father. In Quilloin v. Walcott, 434 U.S. 246, 98 pp. C. 549, 54 L. Ed. 2D 511 (1978), the court held that adoption was in the best interests of the child and wrote that this particular biological father, since he had very little involvement in the child`s upbringing, did not have the same rights under the equality clause as a more committed father. When they divorced, Marie and Edward decided to settle joint custody of their two children. Both parents work, but since Edward has moved to the city and Marie remains in the family home, they decide that the children will live mainly with their mother, where they can stay in their local school. Children stay with their father every other weekend and spend time with him two nights a week until bedtime.

Marie and Edward also share joint custody and consult with each other to make decisions about the children. After a divorce or separation, the non-custodial parent (the parent who is not legally responsible for the child`s upbringing) is often granted visitation rights by the court and/or the custodial parent. In cases where divorced or separated parents have a friendly relationship, they decide on their own visiting schedule. In situations of hostility between parents, a court may intervene to schedule visitation or, in cases where a non-custodial parent has a history of abuse, alcoholism or violence, refuse to visit altogether.