CUSTODY

What are the forms of custody?

The most common forms of custody are sole custody, which gives one parent authority to make all decisions and joint custody which often refers to parental sharing of major decisions concerning child rearing.

Legal custody refers to the authority of one (if there is sole custody) or both (if there is joint custody) parents to make decisions as to the child's health, education, welfare and other major interests.

Who can get custody of a child?

The mother and legal father can ask for custody. See DS, page 32

There are circumstances where relatives and friends of the child can ask the court for custody.

What factors affect custody?

The laws relating to custody emphasize the best interest of the child.

Both natural and adoptive parents may not ordinarily be denied custody unless there is gross potential unfitness.

There are numerous factors considered by the court in making custody and visitations decisions.

Traditionally, custody of the minor child(ren) of a dissolved marriage was granted to one parent (sole custody).
Joint custody refers to an arrangement of sharing rights to make all minor and major decisions about issues, including education and medical care.
The sharing of responsibility for a child's welfare requires that parents be able to put asisde their anger for each other and place their children first.

In determining which parent of a marriage will be awarded primary physical custody of the children, a judge may take into account, but is never bound by, the expressed wishes of the children through their attorney.
The desires and preferences of a child are not a controlling or determining factor.

What is the impact of domestic violence on a custody order?

Domestic Relations Law 240 (a)(1) states that upon a sworn statement that the other party has committed an act of domestic violence against the person making the statement, or a family or household member, the court is required to take this into account when determining where a child shall live, but is not required to direct that a child live with the person against whom the act of domestic violence was committed.

I have a vacation out of the country, planned with my child. What is the procedure for getting a passport and required travel documents for my child? Do I need my spouse's consent?

The law requires that both parents be present when applying for a passport for a minor child, unless a parent has sole custody, a document from the other parent consenting to the application or written documentation of a humanitarian nature explaining why the other parent is not present. Grandparents or a third party may only apply for the passport if they have documents of guardianship or a notarized statement from the parent giving the grandparents or a third party permission to apply for the child.

Can I find out if my spouse has obtained a passport for my child?

U.S. Department of State.

Law Enforcement Liaison Division CA/PPT/S/L/LE

44132 Mercure Cir

PO Box 1227

Sterling, VA 20166-1227

The mailed request must contain a notarized letter that includes the full name, date and place of birth of the child, address and telephone number for the requesting parent/legal guardian, and the reason for needing the child's passport information. Requests for passport records take 4-8 weeks to process.

If a parent is concerned that the other parent may try to take the child out of the United States without permission, the parent may enroll the child in the Children's Passport Issuance Program. This Program requires the Unites States government to inform the requesting parent and confirm their consent to a passport application. Letter shall be addressed to:

U.S. Department of State

Overseas Citizen Services Office of Children's Issues Attention: CPIAP

SA-17, 9th Floor

2201 C Street NW

Washington, D.C. 20522

What happens if my spouse takes our child out of the country without my knowledge or consent?

An international law exists called the Hague Convention on the Civil Aspects of Intern National Child Abduction. Its purpose is to secure the prompt return of children wrongfully removed to, or retained in a participating country.