Child custody and visitation are based on the best interest of child standard – health, education and welfare. Generally, the wife maintains a preference courtrooms. The 1981 Ex Parte Devine decision attempted to establish twelve basic factors for determining child custody:
- age and gender of child
- emotional, social and moral development of child;
- home environment of parent;
- parental character traits;
- capacity and interest in promoting development of child;
- child’s relationship with parent;
- relationship between children;
- effect on child of continuing relationship;
- child preference – if mature enough to decide;
- expert witnesses;
- alternatives and any other relevant criteria
Shared or joint custody allows for equal exercise of parental custody rights by both parties. There are both legal and physical custody rights. Physical custody governs living arrangements and the most fundamental immediate physical control of the child’s environment.
The rule of repose realizes that disturbing a child’s living arrangements has a negative impact on the child. Thus, courts will attempt to maintain the child’s status quo living arrangements, unless the party seeking the alteration in the arrangement can prove that the change materially improves the well-being of the child.
Visitation may include any number of issues. Some visitation will establish specific schedules and times for visits. Others offer a more simple general “right to visit”. The noncustodial parent may visit at reasonable times at places commensurate to the child’s safety and well-being. Visitation may also include other related issues like grandparent visitation rights. Establishing proper and fair visitation can assist in helping children develop healthy relationships.
Children are the most healthy when both parents are in their lives. Crime rates increase for children who are not raised with their fathers at home. Parents going through divorces must remember to maintain a proper relationship for the well-being of their children.
