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Ask Matt - September 2010 - Child Custody

Understand the concept of legal custody, joint custody vs sole custody, paternity, court orders, enrollment, visitation, records & conferences, staying neutral, unreasonable demands, and safety precautions. Get answers to your child custody questions.

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Ask Matt - September 2010 - Child Custody

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  1. Ask Matt - September 2010 - Child Custody Matt Carver, J.D., Legal Services Director tel - 515.267.1115 fax - 515.267.1066

  2. Child Custody • What is legal custody? • “Custody,” or, “legal custody,” refers to the legal rights and responsibilities a parent has toward their child. This includes the need to make decisions about the child’s health, safety, education, and other major life decisions.

  3. Child Custody • What is joint custody vs. sole legal custody? • “Joint custody” means that the legal responsibility for the child is shared equally between the parents. Joint custody does not mean that the child spends equal amounts of time with each parent. Joint custody is generally the preferred form of legal custody. • “Sole custody” means that only one parent has the right to make the major life decisions for a child. Sole custody is usually granted when the court believes that it would be better for just one parent to make decisions for the child. In order to give a parent sole custody, the court must find that joint legal custody would be unreasonable and not in the best interests of the child.

  4. Child Custody • Joint legal custody vs. Primary physical placement • Joint legal custody is not the same as “physical placement,” which refers to where the child will live. Many parents share joint legal custody of their children, but the children have a physical placement with one parent and enjoy visitation with the other parent. • The court’s goal is to act in the best interests of the child when deciding issues of custody and placement.

  5. Child Custody - Paternity • “Paternity”refers to the father of a child. • An action may be brought in court to legally establish the father of the child. Genetic and/or blood tests are used to establish who the father of the child is. • There are a number of ways to establish paternity • If paternity is not established, the sole legal custody of a child born to unmarried parents belongs to the mother.

  6. Child Custody - Court Orders Always double-check to ensure you are complying with the most recent court order If a parent or grandparent demands anything based on what they say is the most recent court order, politely ask him/her to provide a copy of the order If you have questions regarding interpretation or authenticity of a custody or dissolution of marriage order, have it reviewed by an attorney Also, don’t be afraid to contact the presiding judge listed on the order or the clerk of court

  7. Child Custody - Enrollment • What about situations where the student shows up to enroll, and is with a parent who does not have primary physical custody? • Ensure the other parent knows the location of the student • Err on the side of educating the student, until the courts get things figured out

  8. Child Custody - Visitation If one parent shows up to visit his/her child and he/she does not normally have visitation at that time, politely inform that parent you need permission from the other parent Allow either parent to attend public events, such as award ceremonies and band concerts, unless there is a no contact order or other legal restriction in place Do not let a parent pick-up a child if the parent does not have visitation at that time, unless the other parent has given approval

  9. Child Custody - Visitation (cont.) • If a grandparent wants to visit a student s/he must have approval from the parent who has rights to the child on that day • The Iowa Code allows for grandparents to request visitation from the court

  10. Child Custody - Records & Conferences In most cases, both parents have equal access to records and conferences, regardless of who has primary physical custody You are not required to hold separate conferences Either parent may approve for others to attend conferences or review student records (assuming the student is under 18). However, get the approval in writing (email is okay)

  11. Child Custody - Stay Neutral Attempt to stay out of situations where it may appear that you are picking sides between parents Having stated that, don’t be afraid to look out for the best interests of the student If there is a disagreement between parents on an educational decision, go with that option that is in the best interest of the student’s educational development

  12. Child Custody - Unreasonable demands • Parents demanding the following: • A copy of every homework assignment • To be contacted every time a student is sick • Visitation on a near daily basis • Receiving a phone call every time their child goes to the counselor • Not allowing their child to see the counselor

  13. Child Custody - Safety When in doubt, if you are fearing for the safety for students or staff, contact law enforcement

  14. Child Custody - Questions ???????

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