Marriage Dissolution: Custody
LEGAL
CUSTODY
Legal custody means the right to determine a child's upbringing including
education, health care and religious training. Physical custody means a
child's residence.
Joint legal custody means that both parents
have equal rights and responsibility for participating in major decisions
regarding a child's upbringing. The law presumes that except in cases in which
there has been domestic abuse, joint legal custody is in the best interest of
the child when either party requests it.
DETERMINATION
of CUSTODY
When determining custody the court bases its decision on "the best interest
of the child." Factors considered are: the wishes of the parents; the
child's preference; the child's primary caretaker; the interaction and
relationship of the child with parent(s), siblings and others; the child's
adjustment to home, school and community; the length of time the child has lived
in a stable, satisfactory environment and the desirability of continuity; the
permanence of the custodial home; the mental and physical health of the
individuals involved; the capacity to give the child love, affection and
guidance, and to continue educating and raising the child in his or her culture
and religion; the child's cultural background; the effect on the child of
domestic abuse; and, except in cases where there has been a finding of domestic
abuse, the disposition of each parent to encourage and permit continuing contact
of the child with the other parent.
The court is not permitted to consider the
conduct of a parent which does not affect the child-parent relationship and
cannot prefer one parent solely on the basis of his or her sex. The court
may interview the child and/or order an investigation concerning custodial
arrangements for the child.
PARENTING
TIME
Court-determined parenting time (formerly called visitation) is designed to
enable the child and the non-custodial parent to maintain a child-to-parent
relationship that is in the best interest of the child. The court may
restrict or deny parenting time as circumstances warrant. A parent's
failure to pay child support is not sufficient cause for denial of parenting
time. The custodial parent must cooperate in parenting time as the court
directs. The court can order compensatory parenting time or change custody
if parenting time has been wrongfully denied. The court may grant
parenting time rights to grandparents.
This document provides
general information on marriage dissolution and the law. It is not
intended to be used as legal advise. For application and interpretation of
the law to your situation, contact an attorney or one of the resources listed in
the brochure.
Last Updated:
Tuesday, 22-Aug-2006 15:22:46 CDT (mmp)
|