Child custody and divorce laws are designed to protect children, and make the best of a stressful and often painful situation. Although all U.S. child custody laws are based on what is in the best interest of the child, specific laws differ from state to state, and interpretation of a child's "best interest" is often determined by a judge on a case-by-case basis.
Parent's Rights
No matter their gender, race or financial situation, divorced parents have equal rights to custody of any biological or adopted children they have in common. Any decision to give one parent custody in favor of the other should be based on other factors related to the best interest of the children. Non-custodial parents have the right to reasonable visitation with their children, regardless of whether they are current with their child support payments.
Primary Physical Custody
Primary physical custody means one parent lives with a child most of the time, and the other parent has shorter periods of visitation. Parents sometimes choose this arrangement themselves because it's best for their specific situation. However, when parents are both fighting for primary custody, a judge may be forced to make the decision himself. He will award custody to one parent or the other based on the better ability of that parent to meet the child's needs. Custody is generally, but not always given to the parent who was the child's primary caretaker during the marriage.
Joint Physical Custody
In a joint physical custody agreement, a child spends large amounts of time living with each of her parents. Parents can divide their custodial time several ways, and parents are legally free to make any arrangements they wish.
To give children the best opportunity to form a solid relationship with both parents, courts are increasingly awarding parents joint physical custody, even over parental objections. If parents cannot come to an agreement about how to divide custodial time, the judge will do it for them.
Legal Custody
The parent with legal custody of a child has the right to make major decisions about how that child is raised, such as his education, religious training and medical care. Parents often have joint legal custody, meaning that they share these responsibilities equally, even if one has primary physical custody.
Custody Arrangements
Even if you come to an amicable custody arrangement with your ex-spouse outside the court system, you should write your agreement out in detail and submit it to the courts to avoid misunderstandings and complications. Also note that once an agreement is signed by a judge, whether it was court-ordered or arranged by you, it is legally binding. Any changes not brought before the court will not be legally recognized, and can lead to problems in the future. If you are unhappy with your arrangement, or your ex-spouse is hostile or non-compliant, a judge will be much more sympathetic toward you if you exhibit respect for the courts and go through the proper channels than if you take matters into your own hands.
