Child Custody
In a child custody case, procedures for dividing parental rights and responsibilities now emphasize the rights of the child to be loved, protected and supported, while maintaining relationships with each of the parents, despite difficulties the parents may have with each other.
Every parent has certain rights and responsibilities for the care of the children by virtue of being a parent. When parents divorce, these rights are responsibilities are even more important. The court’s role is to ensure that the “best interest” of the children is protected. Therefore, the parental rights and responsibilities are expressly “allocated” to the parents.
A court has two basic options in allocating parental rights and responsibilities; adopting a plan for shared parenting (formerly called joint custody), or naming one parent as the residential parent and legal custodian. At times, when the parents’ disagreement is considerable, the court may seek additional information and guidance from a guardian ad litem (a neutral person appointed by the court to protect the children’s best interest), court investigators or social works, and if either parent requests it, by interviewing the children. Usually this guardian is an attorney and is paid by both of the parties. The court may, however, order that only one party pay all of the guardian's fees.
Allocation cases often times involve the use of psychological experts who have examined all of the members of the family. Allocation cases might also involve employment experts who are used for the purpose of stating how much one of the parents should be earning (so that child support can be fairly computed).
When parents begin an action involving the "allocation" of their rights concerning their children they may also be opening the door for others such as grandparents (or even non-relatives) to assert their desires to be with the children and to get court orders for time with the children.
Many times, in child custody cases, there will be the need to have teachers, physicians, pastors, neighbors, family members and others testify so that the court can have an accurate and full "picture" of the children and their parents.