Legal custody involves your right to make decisions for your child(ren), including educational and health care decisions. It also involves the right to receive information & participate in these processes. Physical custody involves the right to have your child reside with, or visit with you (referred to as physical custody). Custody is commonly the most contentious and most emotional legal action. You will find competent & supportive assistance through this difficult process with the Law Office of Ellen S. Kingsley.
Which party is more likely to ensure the safety of the child.
The present & past abuse committed by a party or member of the party's household,
which may include past or current protection from abuse or sexual violence protection orders where there has been a finding of
abuse.
Which party is more likely to encourage and permit frequent & continuing
contact between the child and another party if contact is consistent with the safety needs of the child.
The parental duties performed by each party on behalf of the child.
The need for stability and continuity in the child's education, family life
& community life, except if changes are necessary to protect the safety of the child or a party.
The availability of extended family.
The child's sibling relationships.
The well-reasoned preference of the child, based on the child's developmental
stage, maturity & judgment.
The attempts of a party to turn the child against the other party, except in cases of
abuse where reasonable safety measures are necessary to protect the safety of the child. A party's reasonable concerns
for the safety of the child & the party's reasonable efforts to protect the child shall not be considered attempts to turn
the child against the other party. A child's deficient or negative relationship with a party shall not be presumed to be caused
by the other party.
Which party is more likely to maintain a loving, stable, consistent & nurturing relationship
with the child adequate for the child's emotional needs.
Which party is more likely to attend to the daily physical, emotional, developmental,
educational & special needs of the child.
The proximity of the residences of the parties.
Each party's availability to care for the child or ability to make appropriate child-care
arrangements.
The level of conflict between the parties and the willingness and ability of the parties
to cooperate with one another. A party's effort to protect a child or self from abuse by another party is not evidence of
unwillingness or inability to cooperate with that party.
The history of drug or alcohol abuse of a party or member of a party's household.
The mental and physical condition of a party or member of a party's household.
Any other relevant factor.
Child custody matters are complex because there are many different arrangements,& each one has different implications for your family. For instance, you may have sole physical custody of your child, but share legal custody with the other parent. As your attorney, Ellen can advise you on which arrangement is best for you, & specifically what serves the interests of your children. Ellen will help you negotiate the agreements through open discussions with the other party or will aggressively assert your position in court.
Do you have primary custody of your child & want to relocate to another city or state? Do you believe your ex-partner is trying to take your child away from you? Relocation is a sensitive & emotionally stressful matter. Ellen can help assert your interests & assist in working out a favorable child custody & visitation plan, if necessary.
