Divorce is a difficult decision to make. It can also be an especially complicated and emotional process when children are involved. Child custody agreements are arguably the most important facet of a divorce. If you are thinking of petitioning for custody, it's important to know what to expect, and understand how the process works.
Function
Child custody arrangements are mainly designed to give children the benefit of the best possible relationship with both of his parents, depending on the situation. They also give children and parents a sense of stability during a tumultuous time.
Paternity
If a child is born during a marriage, the husband is presumed by law to be his father, and has the legal right to petition for custody. If the parents of a child never married, the father's name must be on the birth certificate, or he must be otherwise legally declared to be the father to gain custody.
Types
The term "legal custody" refers to the right to make the most important decisions about a child's upbringing. The term "physical custody" refers to where a child actually lives for most of the time. Legal and physical custody can be shared between parents. When one parent is given primary physical custody, the other is entitled to "reasonable visitation." This means visitation that gives the non-custodial parent a fair amount of time with his child, that doesn't disrupt the child's life to an unhealthy degree and doesn't place a hardship on the custodial parent.
Arrangements
Because parents know best what will work for their family, they are generally encouraged to create their own custody arrangements. For a variety of reasons, parents are sometimes unable to come to a conclusion they both can live with. In these cases, they have the option to meet with a mediator. A mediator is an unbiased third party trained in resolving family conflicts. Hiring a mediator is far less expensive than hiring an attorney, and is a good option for many families. Some courts require that parents attend mediation before they will even hear a custody case. If mediation fails, and the court determines that parents are so hostile that further discourse between them will be harmful to the child, a judge will determine his own custody arrangement based on what he feels is in the child's best interest.
Factors
Both parents have an equal right to custody of their child, regardless of gender. This doesn't mean that both parents are equally suitable custodians. A judge will use a number of factors to determine a custody agreement. She will consider whether a parent smokes, the kind of people she associates with, the type of job that she has, the bond she has already established with the child, her ability to provide and care for the child, and her health. Judges often show a preference for the parent who has been the child's primary caretaker so far. However, in the interest of ensuring that a child has a relationship with both of her parents, more judges are awarding parents joint legal and physical custody.
