Parental custody laws present a variety of different arrangements used in divorce, legal separation, paternity and child-in-need-of-care cases in the United States, according to the American Bar Association Section of Family Law. There are some variation from state to state in the types of custodial arrangements. However, overall, these laws present significant consistency in all jurisdictions in the country.
Best Interests of the Child
In custody cases, all states adhere to what is known as "the best interests of the child" standard, according to Cornell University Law School. What this means is that a court resolves custody issues based on what the judge, at her discretion, believes is in the best interests of the child. The factors that a court considers in determining these best interests include an examination of which parent historically provided primary care for the child, and the overall emotion, mental and physical health of the parents and child. Other factors include a comparison of the residences maintained by the parents, the preferences of the parents and any special needs of the child.
Joint Legal Custody
Most state laws prefer that parents receive joint legal custody if at all possible. A few states maintain laws that express no presumption in favor of joint legal custody as opposed to sole legal custody.
Joint legal custody is a scheme through which both parents share equally in making major life decisions on behalf of their child or children. These significant issues include religion, education and health care.
Sole Legal Custody
Parental custody laws across the United States include provisions permitting a court to order sole legal custody. Through sole legal custody, only one parent possesses authority to make major life decisions on behalf of the child, according to "Child Custody A to Z" by Guy J. White.
The fact that only one parent obtains the right to make major life decisions does not mean that the non-custodial parent lacks physical contact with the child. The non-custodial parent typically enjoys visitation or parenting time with the child even if not granted authority to make significant decisions for that minor.
Physical Custody
There are a variety of physical or residential custody arrangements under state statutes in the United States. A common scheme is frequently referred to as joint residential or physical custody with a primary residence. Through this type of setup, both parents technically have joint physical custody of the child, but one parent provides a primary residence for the minor. The other parent enjoys regular visitation or parenting time with the child.
Sole residential custody exists when only one parent legally provides a home for the child. The other parent may or may nor possess visitation rights, depending on the circumstances of the case. Shared physical custody represents a plan through which both parents provide a reside a residence to the child a substantially equal amount of the time.
References
- American Bar Association: Section of Family Law
- Cornell University Law School: Child Custody Overview
- "Child Custody A to Z"; Guy J. White; 2005
