In Divorce cases where children are involved it's sometimes
appropriate to ask for a Psychological Evaluation or a Child Custody
Evaluation. Generally these are not done in cases where children are not
involved. The reason for this is that generally there is a concern that a
parent may not have the psychological aptitude to nurture a child in a way that
is appropriate for the child. A generally conscientious parent without any
mental health history usually doesn't have to worry about this kind of testing.
Recently I handled a case in which Grandparent Rights were
at issue. As I have written before on this blog, Grandparent Rights are not as
strong as a Grandparent might hope for or expect. There are only special
circumstances in which a grandparent may ask for rights. Many times this is in
a divorce case or a modification of the order from that previous divorce case
in regards to the child custody portion of that divorce case.
The law allows for Grandparents to Intervene in Divorce
cases and Modification of Child Custody cases.
A paternity action filed in the Circuit Courts. A lot of
people confuse this with the administrative process. Sometimes, when the mother
is not married to the father, she can have him paying into child support for
the child but the father does not have any enforceable custody rights.
Additionally, it being dealt with this way may not only deprive a father of
custody rights, but also has a very good chance of making the child support too
high. Why? Because there are factors that administrative child support is not
equipped to take into account as well as a Circuit Court might.
For practical purposes this is a simple answer most of the time. Generally speaking most attorneys would say that Joint Physical Custody is any parenting arrangement after divorce where neither the father nor the mother is completely denied of time with their children. In other words, both parents get some time with their children that is unsupervised. (If it is supervised, that would be calledvisitation.)
In the same way, most attorneys would say that Sole Physical Custody is any parenting arrangement where one of the two parents get either only (1) visitation or (2) no visitation and no unsupervised custody.