Running head: DECIDING CHILD CUSTODY: REPLIES 1
Deciding Child Custody: Replies
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DECIDING CHILD CUSTODY: REPLIES 2
Deciding Child Custody: Replies
Reply # 1
When deciding child custody, the judge must consider various factors including the
child’s opinion if the child is old enough. The law requires that custody arrangements meet the
interest of the child in question. The main aim is usually to put the child in question in the most
favorable condition to ensure their prosperity in life. As such, any judge making the decision
must consider a parent who is more willing to take care of the child and is more friendly or has a
better relationship with the child. Besides, the parent chosen must have the mental and financial
capability to support the child involved in the case.
When considering if to ask the child their preference, a judge needs to do so if the child
involved in the case is old enough, usually 12 years or older. While the court prefers the parents
to decide a child custody agreement themselves or with through mediator, the judge also needs to
make their own evaluation by personally interrogating the child or seeking the help of someone
else to help interview the child. Generally, the judge usually has the authority to overrule the
decision of the minor. However, this can only apply when the minor makes a poor decision.
Other situations also occur when deciding custody. When considering giving custody of a
child automatically to the mother, some major factors play a part. While it is not necessarily
important to give custody of a child to the mother without other considerations, it would be the
only option in some cases. In cases where the child is too young or is lactating, custody can be
given to the mother automatically. This will ensure that the child gets all the necessary benefits
that the mother needs to give to a lactating child. Otherwise, it is not necessary to give custody
automatically to the mother.
Difference Between Joint and Sole Custody
DECIDING CHILD CUSTODY: REPLIES 3
Sole legal custody takes place when one parent is given the power to make all decisions
concerning the life of the child or children involved. Joint legal custody takes place when both
parents make vital decisions together.
References
Kargman, Marie W. “Deciding a Child Custody Case: The Judicial Dilemma.”8The Family
Coordinator, vol. 18, no. 4, Oct. 1969, p. 403, doi:10.2307/583169.
Kohutis, Eileen A. “Commentary on: Joint versus Sole Physical Custody: Outcomes for Children
Independent of Family Income or Parental Conflict.”8Journal of Child Custody, vol. 15,
no. 3, July 2018, pp. 211–17, doi:10.1080/15379418.2018.1539937.
Reply # 2
Usually, the interest of the child matters the most when deciding custody. When deciding
what would be best for the child, many factors need to be considered. These factors include,
what the child actually needs, the parent’s needs, how the parents, child and the siblings relate,
the ability of the child in question to adjust, and the overall physical and mental state of both the
parents and the child. While it is true that the parent’s needs can be considered, this can only
happen if such needs meet the overall interest of the child. Applying this rule might seem to be
vague, but it offers the best solution as the considerations have been proven to be essential in
most cases.
A judge can make informed decisions by analyzing the situation. Once a thorough
analysis has been made, the judge can decide the circumstances that suit the child or children.
There are no standards concerning what should be done or analyzed; hence, the analysis must
always be made based on the prevailing situation and the state of the parents in question. The
DECIDING CHILD CUSTODY: REPLIES 4
judge usually needs to account for the totality of the circumstances of both guardians and decide
on what they believe will offer the best outcome for the child. The child’s opinion can then be
considered as the last option when deciding who to take custody.
When making the decision concerning child custody, the judge must also decide whether
to give sole or joint custody. While joint legal custody is usually given, sole custody is usually
preferred when various factors have been considered. Among these factors include the parents
making decisions after seeking help from professionals. The same also applies to the judge who
makes the final decision. When all the necessary considerations have been accounted for, the
child or children involved in a dispute can always end up living a normal life.
References
Ezzo, Frank R. “Child Custody and Three Case Studies of Mortality: When Child Custody
Litigation Should Involve Risk Assessment.”8Family Court Review, vol. 56, no. 4, Oct.
2018, pp. 572–82, doi:10.1111/fcre.12376.
Otgaar, Henry, and Mark L. Howe. “When Children’s Testimonies Are Used as Evidence: How
Children’s Accounts May Impact Child Custodial Decisions.”8Journal of Child Custody,
vol. 15, no. 4, Oct. 2018, pp. 263–67, doi:10.1080/15379418.2018.1568721.
