One of life's most significant challenges is facing divorce proceedings when you are a parent. Like most people heading to divorce court, you probably do not fully understand all of your rights regarding child custody. Despite minor variations in the laws and procedures in different jurisdictions, the fact is that your child custody rights remain the same no matter where you reside, according to the American Bar Association Section of Family Law.
Gender Equality
One of the custody rights of parents in divorce cases is gender equality. No longer does one parent enjoy any special presumptions in regard to custody decisions because of her gender, according to "Child Custody A to Z " by Guy J. White. The gender of a parent alone never is the determinative factor in a custody dispute and ultimate determination by a court.
Types
A divorcing parent possesses the right to claim two types of custody, according to Cornell University Law School. Legal custody represents the ability of a parent--or both parents, if a joint arrangement--to make decisions on behalf of a child. Residential custody--sometimes called physical custody--is the right of a parent to provide a home for a child.
Considerations
The rights of your child temper your own divorce-related custody rights. Although the court recognizes your rights, custody determinations ultimately are guided by what represents the best interests of a minor child in a case. Provided your own rights coincide with what is in the best interests of your son or daughter, you prevail in your attempt to gain custody.
Settlement
Another right you possess in divorce proceedings is to attempt to reach a negotiated settlement with your spouse regarding custody issues. The laws of all states include a preference for parties in divorce cases to at least attempt to settle disputes, including those surrounding custody issues.
Hearing
Failing to reach a settlement of custody issues, you have the right to request a hearing before the court. During a custody hearing, you present evidence and arguments to support your position on issues relating to your children. The court issues an order establishing the custody arrangement.
Expert Assistance
When involved in a divorce case, including custody issues, you have the right to retain an attorney. Because of the complexity of divorce and custody matters, your interests likely are best protected through representation by a skilled, experienced lawyer. The American Bar Association maintains resources useful to you in finding an attorney. These include contact information for local and state bar associations, groups that typically maintain directories of attorneys in different practice areas.
