Information on Child Custody

Child custody matters involve physical custody, who the child lives with, as well as legal custody, who makes decisions for the child. In custody cases, family court judges also make determinations on visitation arrangements, plans for co-parenting, and child support.

Types of Cases

Child custody may be adjudicated in conjunction with divorces, adoptions, child abuse and neglect cases, and criminal matters where the defendant is the sole guardian of a minor child.

Process

Parties may request custody of a child by filing a petition with the court. In instances where child welfare agencies remove a minor from his or her guardian's care, the state will initiate a custody hearing.

Decision-Making Factors

When determining custody, the court will consider the child's relationship to the parent or guardian, the caregiver's ability to care for the child's needs, and whether the caregiver can provide a safe, stable home environment.

Child's Role

In cases where the child is old enough to form an opinion on the matter, the court will consider his or her preferences when making a custody determination.

Jurisdiction

Pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, child custody cases are adjudicated in the child's home state.

References

• Legal Forum Institute
• Uniform Child Custody Jurisdiction and Enforcement Act

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