What happens to my child if I get divorced?

What is custody? Legal custody is where one parent involves the right and responsibility to make decisions for the child. The other type is residential or physical custody - thats where the child lives. The courts have jurisdiction over a child until 18 years of age. But caselaw suggests that once the child reaches between 11-14 years of age, the Court will give and in some areas, must give the child's choice defference and listen to the child. A law guardian may be appointed for that child. Thats an attorney for the child. The attorney must report to the Court what that child wants, who that child wants to live with, regardless of the law guardian's opinion or whether is proper or not for that child to live with the parent they want to. That decision lies wiith the Court.

What is the difference between joint custody and sole custody? Joint custody is where the parents make major decisions together. Sole custody obviosly, one parent makes the major decisions for that child. Major decisions include religion, education, health issues. Day to day decisions are left up to the parent who is caring for the child.

The other parent will generally always have visitation with the child unless there are strong compelling reasons not to which generally will because of unsafe enviropment or other sexual overtones.

Courts do not favor the mother over the father. Gender does not affect the Court's decision but the parent and his or her actions. Custody is awarded based upon the best interests of that child.

The Courts will look at the following in deciding the best interets:
-which parent is the primary care giver
-parenting skills and parents ability to provide care
-the mental and physical health of the parents
-whether there is domestic violence
-work schedules and child care plans
-the child's interactioniwth siblings
-the child's wishes, depending on age
-the ability of each parent to cooperate with the other and encourage a relationship with the other parent, when it is safe and appropriate to do so
-how the child is or will do emotionally, socially and in school with each parent

A forensic evaluator may be appointed by the Court. That person will gather information about the family through interviews of the family members, testing and from people who knew the family or have provided treatment to them. The evaluator will then generate a report for the court. This written report may come into evidence and the evaluator will testify at the trial if necessary.

The parents may have to pay for the law guardian and evaluators. The Court determines which or what percentages each parent will pay. If the parents do not have the funds to pay, then the Court may have the government pay.