You can get full custody of your child. However, it is important to consider all the factors associated with custody and make sure that you are truly in a position to give your child the best life possible.
If the other parent has drug or alcohol problems or has been convicted of a crime, you may feel that staying in touch with your child is dangerous for your health or safety.
It is important that you speak with an experienced family law attorney before making any major parenting decisions. A divorce can be stressful and emotional, and having someone there who understands family law can make all the difference when you’re dealing with this issue.
Whether you are legally entitled to custody of your child depends on who they live with and the circumstances of the case. The law generally gives parents full custodial rights in their home unless an exception applies. You will file your custody petition to request custody of your child.
In most cases, court-ordered custody is temporary. It can be set up so that there are joint parenting responsibilities when the child is released to one parent or the other. Even if a judge orders joint custody, both parents still have opportunities to see their children and exercise parenting time in a mutually agreed upon amount.
If you need to handle custody of your child, and you don’t have the time or money, then it may be best to hire an attorney. However, if you are confident and prepared to do this without legal help there are steps that can be taken on your own.
This includes a joint custody agreement where both parents should sign their names authorizing full ownership of the child. If this does not take place at once and ownership is disputed, the judge will likely award custody of the child to one parent which could end up leaving him/her with less time with his/her child.
Parenting time is the custodial schedule set out by the court. Parents are required to take turns seeing their children during the week, alternating weekends and holidays. The duration of a parent’s parenting time is generally set out in the parenting schedule that was ordered by the court.
Parenting time is the amount of time that an individual has access to the minor after a divorce. This may include the morning and evening hours, weekends, and some holiday periods. Parenting time is the amount of time a custodial parent has with his or her child. It can sometimes be called “visitation” or “access rights.”
Parenting time refers to the time a parent spends with a child under the legal authority of that parent. In contrast, reproductive and parenting time refers to the periods during which children are conceived/born and subsequently raised by their mothers and fathers.
Parenting time covers both before and after birth. A parent’s primary custodian is entitled to primarily determine his/her custody for at least six consecutive months each year, except during each other parent’s temporary absence from home, as provided by law.
No-fault divorce laws allow any two people who were married for two years or more to end their marriage by filing dissolution of marriage petition with the Fayette County Court Clerk’s office without getting divorced first.
The parent with custody has all rights and responsibilities for raising the child. The non-custodial parent does not have these rights except in limited situations and for relatively short periods of time.
Child custody during divorce:
When or after the divorce, the custody of child becomes the very important question to deal with. The custody of child vests in one parent who court thinks will be more caring towards the child.
But, the other parent also gets the visitation rights if not custodial rights. It also depends on the custodial parent and the child to refuse the visitation of the other parent. In many cases, the non custodial parent gives off his right so, he does not visit his child.
In arrangements of custody of a child when the parents are unable to agree on how to share responsibility for their child, the following four factors play a major role in any custody case:
- Safety and well-being of the child.
- Willingness and preparedness of both parents to care for their child.
- Amount of time spent with each parent.
- Financial resources.
If a parent is not willing or able to care for the children, then he/she must be replaced by another responsible adult.
Temporary custody during divorce:
In some cases, though, courts may award temporary or limited custody when the child will not be safe if left in a parent’s care. If you are the parent of a child younger than 18 years old, and you meet all the requirements in Tennessee law, you have the right to ask for a temporary order of custody.
In most cases, there is not an absolute right to full custody of a child. Most often the court will issue an order of temporary physical custody, which may be changed at any time during the term or up to two years afterwards.
A parent who wins temporary physical custody rights will also receive a period of access between four and six weeks in every month as well as legal visitation rights. It also happens that court orders temporary child custody to one parent while the other parent just responds to it.
Both of them may come to an agreement. When the divorce is still in progress, the custody of the child is decided temporarily by the order of the court. Both the parents may make an agreement themselves without involving the court until the court order regarding the divorce and custody of child comes.
There are cases in which parent may not seek an agreement because of severe domestic violence, sexual abuse or any kind of serious crime or threat. Before referring the case to the court, you must do something which is valid and reasonable for the child.
If after those settlements the things go wrong, you have the valid reason of proving to the court that this settlement is not in favor of the child which involves the court in the matter and protects the child from any wrong decision.
In case of temporary child custody, unless the case of divorce and permanent custody are resolved, the court may order the child into temporary custody of one parent. Court makes sure that the decisions regarding temporary custody of child are rational and not impulsive.
Child custody given to mother:
Mother is considered the natural mother of a child. She gets custody of a child if he/she is born to him/her.
In most cases, it is in the best interest for a child not to be raised in one parent’s home. Child custody can be granted to either the mother or father, depending on state law.
The custodial parent, who is usually the mother, will get to decide with whom the child lives. The non-custodial parent must follow any custody orders given by the court. When custody is given to the mother, she has the first right of refusal as to whether or not to give up the child.
In divorce cases, a parent who loses full custody of a child may ask the court to order an agreement that the other parent will accept some or all of the child’s time while staying with him or her.
When child custody is given to mother, the bill of divorce might be part of the final judgment. It gives power of attorney to mothers and then mother will have custody of the child so that she can raise the child by her own way.
Can a child request custody change?
A child may request a change in his or her custody order if they are being abused by the other parent. It is the goal of the court to resolve all issues regarding custody before the divorce is finalized.
A custody change petition can be filed or a custody change order can be modified by the court. The request should be in writing and must include all the details needed to record the change of custody or care arrangement.
If the facts of case are that the child is old enough to ask for custody not only his mother but also through his legal guardians. In the case of a custody change, both parties need to agree on the change.
To do this, the guardian or parent has to submit a copy of his or her birth certificate and an affidavit by both parents affirming their filiations with joint blood relations of parent and child essentially as husband/wife or parents where there are no children present.
In order for a legal custody order to be enforced by an attorney, the child himself must request that his/her custody be changed. A child may request for a custody change if he/she feels that he/she would be better served by living in another environment. This change can also be due to parental abandonment or abuse by a parent.