Whether you are married or unmarried and have children, child custody is one of the most important things that need to be determined when a relationship ends. When this happens, there are usually high emotions and hurt feelings. Your children should not be involved in these conflicts between you and your partner. Every court in the United States decides custody based on the child’s best interest. This does not mean the court will give the child to the parent that makes the most money.
The child’s best interest standard is based on the parent’s relationship with the child. For example, who performed the care taking duties such as doctor visits, feeding, dressing, bathing and everyday activities? The court would also take into account if a parent has a substance abuse issue or mental incapacity. The court also takes into account if the child has been abused or neglected and if domestic violence was involved. The courts are only concerned about what is best for the child and not what is best for one parent or another.
Child custody is governed by both federal and state laws. A federal law called the UCCJEA is usually not mentioned frequently and it sets the standard for residency requirements. It was established when parents were attempting to take their case to another court in hopes for a better outcome. This law clearly states that you must be a resident of the state for six months before the new court can take jurisdiction of your custody case. Counties also require that you are a resident for six months in the county you reside in. This means you cannot move to another state, or move from county to county and still claim residency for a specific county.
If you have children, attempting to circumvent the child custody laws could land you in jail for attempting to conceal your children from their parent. You could also lose custody of your children permanently to the other parent. It is important to protect yourself by consulting with an experienced attorney who practices family law and knows all the laws related to child custody.
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