CHILD CUSTODY

     At the URICK LAW CENTER, we believe in preserving the unity of parents and children together. Custody is always an emotional issue in a divorce proceeding, one which is too often used as a means to pull children apart and encourage disloyalty to one parent or another.
     Our firm specializes in the area of custody and visitation. Custody disputes often result in highly contested Court hearings and battles involving in-depth legal argument, strategy and expert testimony. We have secured excellent results  for the majority of our clients, which can be viewed in our “Wall of Love”, displayed at our office comprised of photos of our clients and their children together post-custody battles! For a tough, persuasive and thorough family law custody attorney,  call the URICK LAW CENTER.

The future of your relationship with your children depends on it.

WHAT IS CHILD CUSTODY?

Child custody is a term that refers to the bundle of rights and responsibilities that a parent carries with respect to his/her child. Child custody includes numerous concepts, some of which overlap and some that are distinct. The term child custody can be further broken down into terms that shed additional light and provide a greater understanding of the respective parents’ rights and obligations with respect to their common child.

WHAT ARE SOME COMMON TERMS?

•  Legal Custody - the parent with legal custody can make all decisions regarding the health, welfare and education of the child.

•  Physical Custody - determines which parent has the actual, physical right to be with the child.

•  Sole Legal Custody - when one parent is awarded sole legal custody, that parent makes all decisions regarding the health, education and welfare of the child (and the other parent has no input on these decisions)

•  Sole Physical Custody - when one parent is given sole physical custody, the child remains with him/her and the other parent is excluded from having physical custody of the child (typically when the other parent has abused or neglected the child)

•  Joint Legal Custody - both parents participate in reaching decisions regarding the health, education and welfare of the child.

•  Joint Physical Custody - both parents have the ability to be with the child, typically joint physical custody is coupled with a parenting plan to determine who will be with the child at what particular time.

•  Shared Custody - both parents equally share the legal and physical custody of the child. Typically found only where both parents are able to resolve their personal differences and keep them in check for the sake of raising the child in a caring, nurturing environment. Usually in situations where the parents live close by each other or in similar communities.

WHAT IS THE DIFFERENCE BETWEEN CUSTODIAL PARENT AND NON-CUSTODIAL PARENT?

     The custodial parent is the term that is used for the parent that has primary physical custody of a child. Typically the child resides with the custodial parent.
     The term non-custodial parent is used for the parent that has the child for a lesser amount of time. Typically the child does not reside with the non-custodial parent except during the time that the non-custodial parent exercises his/her visitation right with the child.
     Typically, the child is either with the custodial parent or the non-custodial parent but not both. This arrangement comes as a result of the separation of the parents and both parents maintaining separate residences. The child resides with the custodial parent most of the time and the non-custodial parent spends time with the child during periods of child visitation. This way, both parents get to spend time with the child despite having separate residences.

CUSTODY DECISIONS (Always a Judicial Determination)

     The older a child becomes, the more inclined the court is to order what the child chooses, in conjunction with the "best interests of the child." The best interests of the child are the key in custody battles. A judge is very, very cognizant of the fact that a child will "gravitate" toward wanting to live with a parent who is very permissive; "Even though Mom won't allow you Johnny, you can watch T.V. here in my house until 11:00 p.m." Or, when a parent is all fun and games: "Gee, Mom. It's so boring here. When I go to Dad's house, we always go to the park or to the Carnivals." Judges are very aware that it is the custodial parent who must act as the "Bad Guy" and kids don't like it. A judge will usually question a child about such matters, and may even seek the advice of an unbiased social worker who has met the family members before deciding what he or she thinks is in "the best interests" of the child.

WHAT IS CHILD VISITATION AND A "PARENTING PLAN" and HOW DOES THIS AFFECT CUSTODY?

     Custody and visitation are considered at the same time since the factors and circumstances taken into consideration by the court in making these determinations are essentially the same.
     The term "child visitation" refers to the time when the non-custodial parent has the right to be with the child. The custodial parent's right to be with the child is often subject to the non-custodial parent's right to visit with the child.
     The term "parenting plan" refers to the agreement between the parents or the court order, which defines provisions for custody and visitation. It determines whether one or both parents have the ability to make decisions regarding the health, education and welfare of the child. The parenting plan also defines when the child is to be with the non-custodial parent.

WHAT IF THE PARENTS DISAGREE ON CHILD CUSTODY AND VISITATION?

     Most states require both parents who are unable to reach an agreement on the issues of custody and visitation to participate in a mediation session to work out such a plan. In the mediation session, both parents meet with a third party, typically an experienced attorney or social worker, to discuss relevant factors in an effort to reach an agreement. Many contested issues of custody and visitation can be resolved in a mediation session and this session typically results in an agreement, which then can be presented as a Stipulation for issuance as a court order.
     Should mediation of custody and visitation disputes fail, the parents can then pursue litigation of unresolved issues. A court hearing will be conducted and evidence presented. Often expert witnesses, such as psychologists and licensed social workers, will be called to present evidence for consideration by the court. After the court has received such evidence, it is then in a position to make an order regarding custody and visitation.
     Custody and visitation disputes can be very difficult and expensive to resolve. An agreement by both parents is the preferred course of action since a joint parental decision is more likely to be followed than if an outsider makes a decision for them.

WHAT IS A COURT ORDERED EXPERT CUSTODY EVALUATION ?

     Custody battles are often determined by Expert Testimony that is secured from a Court-ordered evaluator. These custody evaluations can take up to 6 months and may be psychological or psychiatric in nature. The evaluator will meet with all the necessary parties and children, conduct interview, perform testing, speak with teachers/friends/relatives, review medical and police reports, etc.
     The Court will then set the matter for Custody Trial. At this time, the evaluator’s report and recommendations will be entered as evidence and the sides will be permitted to cross-examine, offer additional expert testimony, additional evidence etc.
     This process is intensely legal and requires aggressive, experienced family law expertise and understanding of the concepts employed by the evaluator and legal/factual bases for his or her opinions It is imperative that parents have competent, skilled attorney representation through this detailed and often difficult process.
     The URICK LAW CENTER will provide personalized, experienced representation with a record of solid success in the area of custody disputes.  

 Whatever the level of your need may be, call the  Urick Law Center. Don’t take chances with your relationship with your children. Call us – 818-227-3378. We can help.

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