Child custody issues can be contentious and difficult, especially when the court is asked to make a decision for couples who can't come to an agreement. Every state court that hears a divorce case involving children has the ability to enter custody orders to ensure the child's health and well-being. While custody laws differ from state to state, all final child custody issues are up to the judge, not to the parents.
Types
Child custody is typically differentiated into two kinds: physical and legal custody. When you have legal custody over a child, you have the right to make decisions about such matters as education, religion, and health care. Physical custody is the right to have the child live with you or for you to maintain physical control over the child. Barring extraordinary circumstances, courts usually award both parents custody, often as outlined in the terms of a parenting plan.
Factors
Courts have a duty to act in the best interests of the children. All custody decisions are made according to this standard, meaning that if a court determines a course of action is in the child's best interests, you might end up with a custody arrangement that neither you or your spouse requested or even desired. Courts take into consideration many factors, such as the nature of the child-parent relationships, the ability of the parents to provide for the child's needs, and even the child's preference.
Procedures
When a court makes a custody decision, it can use evidence from a wide variety of sources. Courts often appoint an advocate to serve as the child's representative in any courtroom proceedings, especially those where the interests of the child do not match those of a parent or guardian. Sometimes known as guardians ad litem, these advocates advise the court on what they believe the best custody decision is for the child regardless of the concerns or interests of other parties.
Time Frame
Custody orders can be granted both temporarily and permanently, and they can also be modified after a permanent order has been given. For example, if you file for divorce, the court can make temporary custody orders that apply only during the divorce process. Once the divorce is finalized, the court enters permanent custody orders that generally will remain in effect unless you or your ex-spouse ask the court to make a change. Courts usually do not make changes to a child custody order unless you can show a significant change has occurred, such as a change in financial situation, moving to a new state, or another major event.
Misconceptions
While courts must make decisions based on what is in the best interests of the child in all custody cases, that does not mean the desires of the parents are completely ignored. Courts can consider any factor that impacts the health and well-being of the child, and ensuring a child is placed with a parent that desires to have custody is one factor courts can use when making their decisions.
