As you prepare for a divorce case, a legal action including child custody issues, there are basic facts you need to understand regarding the law and procedure. Although some minor differences in divorce and custody statutes exist from state to state, these laws largely are the same no matter where you reside, according to the American Bar Association Section of Family Law.
Standard
A primary point you must know about divorce and custody is the standard used by courts with regard to these issues. All divorce statutes in the United States require courts to apply the best interests of the child standard in making decisions regarding child custody, according to Cornell University Law School. Although courts consider the individual rights of spouses in divorce cases, ultimately custody decisions center on what will best serve the child.
Considerations
The court takes into account specific considerations and factors in determining a custodial arrangement that is in the best interests of a child, according to Nolo. These factors include the general physical, mental and emotional health of both parents and the child. Other factors are the type of homes maintained by the individual parents, and the preferences of the parents and the child--provided the child is mature enough to understand the general nature of custody decisions.
Motions
If you desire to raise a custody issue in a divorce case, one tool to use is a motion, according to "Child Custody A to Z" by Guy J. White. A motion is a legal document that brings a particular issue to the court's attention. For example, you use a motion for temporary orders to obtain a custody order from the court during the divorce proceedings.
Negotiations
If you and your spouse can communicate reasonably well, negotiating a custody plan is within your rights. Provided a negotiated agreement is generally fair to both parties, and meets the needs of your child, a judge will approve the arrangement, according to "Child Custody A to Z."
Expert Assistance
Contemplating a divorce case involving custody issues, you have the right to obtain legal representation. These types of judicial proceedings represent complicated legal matters. Therefore, your interests likely are best served through the services of a qualified, experienced lawyer. The American Bar Association maintains resources to aid you finding an attorney to represent you in divorce and custody proceedings.
References
- Cornell University Law School: Child Custody Overview
- Nolo: Child Custody FAQ
- "Child Custody A to Z"; Guy J. White; 2005
