Child custody issues can be brought up in several different situations, most commonly the divorce or separation of married parents and the separation of unmarried parents. In these cases, it is extremely important that the parents know what their rights are in regards to the children.
Types
There are two types of custody that are recognized by the courts: physical and legal custody. With the exception of extremely rare situations, the parent who is awarded custody will receive both physical and legal custody.
Legal Custody
According to Cornell University Law School, when you are awarded legal custody of a child, you are granted full authority to make decisions for the child in regards to education, health care and any other important issues. For parents who share custody, the simple solution is for both parents to share legal custody. In situations where one of the parents has shown themselves to be irresponsible or unreliable, the court can decide to grant legal custody to only one parent.
Physical Custody
Having physical custody of a child makes one parent responsible the physical well-being of that child. In most circumstances, the non-custodial parent will receive limited visitation periods and be required to pay child support. Awarding physical custody is a much harder decision for the courts than awarding legal custody. Because of this, a more thorough analysis of both parents is usually required.
Best Interest
According to "Child Custody A to Z" by Guy J White, when determining who receives custody of a child, the court is responsible for making the decision that will be in the child's best interest. Most states have a vague criteria when determining what those best interests are, and determining them is usually up to the discretion of the court. Some states follow statutory guidelines that the courts must consider. These guideline are known as the "best interest factors." Some of those factors include the ability of the parent to support the child, the ability to maintain a continuous home environment, the preference of the child, and the emotional ties between the child and parent.
No Gender Bias
Mothers and fathers are eligible for the exact same rights when it comes to child custody, and the courts are not biased to either party simply by virtue of their gender. Although the Supreme Court has never ruled on using gender in the decision process of determining custody, nearly every state has eliminated the practice of automatically placing children with their mothers. However, mothers should be aware that this practice is still employed covertly from time to time, and attorneys will not hesitate to emphasize the position of a mother at custody hearings.
Attorneys
Since child custody laws vary so much from state to state, anyone thinking about filing for custody should seek the advice of an attorney. Most family attorneys offer free consultations where they can answer questions and inform parents of their options and rights.
References
- Cornell University Law School: Child Custody
- "Child Custody A to Z: Winning with Evidence"; Guy J. White; 2005
