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Do the courts look at which parent wants the child more or is it more like "can the parent take care of the child financially?" My dad has a good paying job, a house, and lives near a school. He can take care of me. But he was behind in child support for a couple months before getting caught back up. My mom works a cashier job, low pay, but again can take care of me. My dad lives out of state. Who do you think will get custody? What things do the courts look at?
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Originally Posted by centrallake2011
It's about the best place for the child, including emotionally, not which parent "wants" the child more?
If your Mom gets custody, your father will have to pay child support which will, of course, increase her income.
Depending on your age - if we are talking about you - the Court may be very reluctant to move you from a familiar neighborhood, familiar friends, a familiar school.
Hard to say - are your parents arguing over custody? Is this contested?
At any rate - it boils down to what is best for the child.
I agree. You can, however, have your side heard with the judge also. He will most likely, if asked, and sometimes just because, ask you to see him in his office and get a feel for what you would prefer, your relationship with both parents, etc. Before all of this takes place, make sure you have thought of the things he may ask you and how you will answer. It is not that he will go on what you want, but may take it into consideration, especially regarding visitation.
Got it wrong, ignore this post
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Originally Posted by Rich11111
You are right - you don't know much about this subject. The child is heard but does NOT have a "very large say" in custody issues. In fact, the Judge may very well ignore the child completely.
[QUOTE=Comments on this post
artlady agrees: The child has very little say as he /she may decide to choose the parent who is the one who lets them get away with everything..[/QUOTE]
Offer to buy me a pony and I'll come live with you.
Why not stay in the home and you get joint physical custody of them?
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BIRD NEST CUSTODY
It’s a form of access or custody where the children stay in the former family residence and it is the parents who rotate in and out separately and on a negotiated schedule.
The children simply live at "home" and the separated or divorced parents take turns living with them there, but never at the same time.
The core element of this arrangement is that each parent maintains a separate residence where they live when it is not their turn at the "bird's nest". When one parent arrives for his/her designated time, the other vacates right away, so as to minimize or eliminate the presence of both at the same time.
At times, bird's nest access can be coupled with specified access with the other parent say, for example, for dinner one night a week.
Sometimes, this form of access or custody will end when the youngest child reaches the age of majority at which time, one parent either buys the other out of their interest, if any, in the former family residence, or it is sold and the proceeds divided pursuant to the matrimonial property regime or separation agreement.
The arrangement can be expensive as it generally requires that three separate residences be maintained, the "nest" and a separate residence for each parent.
The concept is somewhat novel and appears to have as its origin a Virginia case Lamont v Lamont.
In Canada, Greenough v Greenough was a ground-breaker case in that the Court implemented a bird's nest custody order even though it had not been asked for by either party. Justice Quinn, in Greenough stated:
"In Lamont ... the court made a bird’s nest custody arrangement in which the children (aged 3 and 5 years) remained in the home, with the mother staying in the home during the week and the father on the weekend. I think that the benefits of a bird’s nest order are best achieved where the children are able to stay in the matrimonial home, particularly if it has been the only residence that they have known....
"Time and time again I have seen cases (and this is one) where the children are being treated as Frisbees. In general, parents do not seem to appreciate the gross disruption to which children are subjected where one of the parents has frequent access. In this regard, I do not believe there must be evidence that the children are suffering before the court is free to act. To me, it is a matter of common sense. At the risk of falling prey to simplistic generalities, I am of the view that, given a choice, I do not see why anyone would select a living arrangement which involved so much movement from house to house."
GiveKidsAChoice : Bird Nest Custody
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