Posted on Wednesday January 13th, 2021 at 11:01 am
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The 1979 film “Kramer vs Kramer” told the story of a father who sought custody of his young son after his wife left the family to find herself. The film won an Oscar and inspired many discussions about parenting rights and whether or not a father should ever be the main parent. Over 40 years later, many people still think that a woman is always a better parent than a man.
U.S. custody laws
All states have their own custody laws. Many states have begun to refer to custody as parenting or something similar. In these states, parents are often asked to go to court to work out a parental distribution plan. If the parenting plan does not clearly demonstrate that it is in the best interests of the child or children, it will not be approved by the court. For example, a parental sharing plan that involves so many child exchanges during the week that the child may not be able to create a stable home environment would likely be rejected.
The courts often examine factors such as the timetable, the age of the child and the distance between the two parents’ homes. If they live far from each other, it would make sense to have a schedule that involves fewer exchanges. If one parent lives near the child’s school but the other does not, this is a strong argument for the child to stay near the school during the week.
What are the different types of custody?
When a child’s parents cannot agree on a custody agreement, a friend of the court listens to each parent’s arguments and gives a judge a recommendation. The judge will ultimately decide what the agreement will be. Usually one parent has custody and lives with the child and the other parent pays child support, has visiting rights and is involved in important decisions. Sometimes parents take turns who have custody of a child.
Sole custody is transferred to one parent if the other parent is judged to be unsuitable, is nowhere to be found, or has died. The state usually uses a DNA test to determine the child’s father.
Determine who has custody
Although children usually live with their mother in the event of divorce, the best interests of the child always come first in court. You look at who has the most stable income and work schedule of the two parents. You will also consider previous convictions when determining who the birth parents should be. If a child wants to live with one of the parents, this is also taken into account.
Find a lawyer
If you are getting divorced and have children, it is very important to use a custody attorney. Even if the divorce is amicable, an attorney can help you fill out documents and he can be an objective third party in deciding on the arrangement.
If you are not married but want to claim the paternity of a child, a lawyer can help you get a DNA test and access rights.
Having children is one of life’s greatest privileges. You should never let anyone cheat you of this experience.
Michael Davis story
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