Child Custody
Case Review

Child custody refers to the legal control and care of a minor child. A custody battle arises in a divorce or separation of a child’s parents. Additionally, custody cases may arise involving unmarried parents, death, foster care, or adoption.

When determining the home in which to place the child, the court strives to reach a decision in “the best interests of the child.” A decision in “the best interests of the child” requires considering the wishes of the parents, the wishes of the child, and the child’s relationship with each of the parents, siblings, or other persons who may substantially impact the child’s best interests, the child’s comfort in his home, school, and community, and the mental and physical health of the involved individuals. (Law.cornell.edu)

The court has several options in determining custody:

Temporary: the child is placed with an individual during divorce or separation proceedings.

Exclusive: the court endows one parent with all custodial rights for the child to the exclusion of the other parent, including but not limited to medical decision making, school attendance, and living arrangements. The non-custodial parent may get visitation rights and these may be supervised or unsupervised depending on the circumstances of the separation.

Joint: parents share equally in any and all decisions regarding the upbringing of the child. Typically, this type of custody is awarded when the court decides that both parents can properly perform their duties as a parent.

Third Party Custody: this custody arrangement can be a grandparent or other kinship custody. The court has the authority to separate the children and split the custody between parents or place the children in a different home if it deems that neither parent is capable of caring for the child. Placement is in accord with the best interest of each specific child although in most cases it is in the best interest of the children that siblings stay together.

In these cases, each parent and/or their attorney may wish to have a pediatric expert evaluate the circumstances of the divorce and its developmental and/or medical effects on the child of parental separation. Pediatric Medical Experts acts as an advisor to family services, attorneys, and/or the court regarding child development and how decisions may impact the child.

The Child Custody Case Review Includes all the Following:

• Developmental Needs
  Assists attorneys in the assessment.
• Parental Impairment
  Reviews how any parental impairment affects the child.
• Advisor
  PME operates to advise family services, attorneys, and/or the court.
• Medical Records Evaluation
  To identify errors or misdiagnoses or missed diagnoses.