Child custody is one of the most important and long-lasting issue affecting families in any divorce case. A father's rights to the care and supervision of his child is a fundamental right protected by the United States Constitution. Whenever a court hears a divorce case involving child custody issues, the rights of all parties involved must be protected and balanced against each other to ensure the best interests of the child are met.
Procedures
Child custody issues are commonly part of divorce proceedings, and all fathers are presumed to have custody rights whenever a court hears a case involving child custody. The courts can adopt any agreement made between the parents as part of the divorce decree, or make its own determinations as it deems proper. The court can also award temporary custody over children, to any party, during the course of the divorce, though permanent orders are not granted until the divorce is finalized.
Types
The law recognizes two types of custody, legal and physical. When a divorce includes child custody, the court will award both types of custody, typically to both parents. Father's have the right to both kinds of custody, as do mothers, and courts usually grant some form of joint custody, often in the form of a parenting agreement that sets out such terms as where the children live, who gets visitation rights and how the parents must cooperate or communicate when making decisions about the children.
Factors
When a court considers any divorce with a child custody issue, it makes its determination based on what is in the best interests of the children. The court considers any factor that impacts the child's health, including the relationship between the parents, the needs of the child and any history of abuse or neglect. Parents are presumed to have the right to custody, and baring a showing of extraordinary circumstances, courts must ensure that each parent is awarded reasonable custody rights.
Considerations
While all states allow couples to use and enter into prenuptial agreements, those agreements cannot limit a court's action when it comes to child custody, support or any other issue impacting the health of a child. Though the other aspects of your divorce can be determined by the terms of the premarital agreement, the court can still grant custody as it believes it must to protect the best interests of any children, even if it goes against the terms found in the prenup.
Warnings
Divorces and child custody laws differ from state to state. You should always consult a qualified attorney with experience in divorce and custody issues. These cases can have long-lasting effects on everyone involved, and your rights can be affected if you don't take the proper actions or seek the advice of qualified counsel.
