Child custody issues often arise in divorce cases or where a child is born to parents out of wedlock. No matter from where the issues arise, courts approach child custody cases with the interests of the child as their primary concern. Courts can issue both temporary or permanent child custody orders, and each parent is assumed to have an equal right to care for their child.
Types
Courts award two kinds of child custody: legal and physical. Legal custody is the right for a parent of guardian to make decisions about how the child is raised, including educational, medical and religious choices. Physical custody is the right to live with or visit the child. Courts often award custody to both parents jointly, giving each parent the right and obligation to participate in the child rearing process.
Factors
Courts make custody determinations based on what is in the best interests of the child. This means the court must weigh a variety of factors when making custody decisions, such as the desires of the parent, the desires of the children, the mental and physical needs of the child, the relationship between the child and the parents, the home environments and any other factor the court deems necessary.
Effects
When a court awards custody, it typically gives one parent the primary physical custody of the child. This parent, known as the custodial parent, must share parenting time with the non-custodial parent as determined in the parenting plan adopted or ordered by the court. The parenting plan spells out in detail what each parent's custody rights are with respect to visitation, weekend stays, holidays and communication between the parents when making custody decisions.
Considerations
The law presumes that both parents maintain child custody rights. However, courts have the power to deny custody or visitation rights if extraordinary circumstances are present. For example, if a parent has a history of abusive behavior toward the child, the spouse or others, the court can limit visitation rights. It can grant visitation only while under the supervision of a court appointed monitor or even deny visitation outright.
Warning
Though child custody laws are very similar between the states, you should always contact an attorney whenever you have a custody issue. Each case is unique, and the only way to be sure your rights are protected is by consulting an experienced child custody lawyer in your area.
