Family Law
4) I want custody of the children, what are my rights? How can I make sure that I obtain custody and what kinds of rights will my spouse have with respect to visitation?
Courts will decide who receives custody based on what is in the best interests of the child, they are not concerned with the rights of the parents parents have no rights. Custody and access (visitation) is not the right of the parent but is the right of the child. There is no exhaustive list of factors that the court uses to determine custody. Rather, a variety of factors will be considered including:
- the emotional ties the child has with each parent and other members of the family;
- the amount of time the child has lived in a stable environment;
- the views of the child, if the child is old enough;
- the ability and willingness of the parent seeking custody to properly address the childs education, other necessities and special needs;
- proposed plans brought for by the parents regarding the childs upbringing;
The courts will also take into account how the parents get along with each other are you able to communicate effectively and do you cooperate on issues that deal with the child? Courts will place importance on whether you will encourage your child to have a relationship with the other parent.
The best thing you can do if you want custody is to be an involved and attentive parent. You should be able to demonstrate your participation in the childs educational, social and medical needs. Does your job allow you to spend quality time with them? Can you provide for them financially?
The parent who is not awarded custody is granted access to the child. A schedule will be created that determines what days during the week the other parent has access to the child and how holidays and special occasions are divided up. It is always better for parents to come up with an access schedule on their own as it saves the courts time and it will be better catered towards each parents and the childs needs.