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5 Basic Points you need know about Child Custody and Divorce Laws

Child custody and divorce laws were made in order to protect the children involved and to make the best out of a very tough and painful circumstance.  While all U.S child custody laws and regulations were made on the basis of ‘what is best for the child?’ there exist certain child custody and divorce laws which are different from state to state. And the definition of “best for the child” varies for every case and is left to the discretion of the judge.

Parent’s Right

Remember that divorced parents have equal custody rights to any children they have in common, biological or adopted. If a decision has to be made where one parent is granted custody in favor of the other, it should be based on many different factors keeping in mind what is best for the children. The non-custodial parent will be allowed rational visitation rights to their children.

Primary Physical Custody

When a child is living with one parent for most of the time and the other parent has shorter times of visitation, it is referred to as primary physical custody. This situation is often selected by parents on their own because it better suits their conditions. But when both parents are fighting to gain physical custody rights, the judge has to step in. Custody is usually awarded to the parent on the basis of their ability to best meet the children’s needs. More often than not, primary custody is awarded to the parent who was looking after the children during the marriage.

Joint Physical Custody

In this type of custody, the children spend a good amount of time living with both parents. The parents can make arrangements they wish and this allows the children to develop a good relationship with both parents.  This manner of custody is being awarded with greater frequency.

Legal Custody

Any key decisions regarding the upbringing of the child are made by the parent holding legal custody of the child. Usually parents have joint legal custody so they share equal responsibility.

Custody Arrangements

Whatever arrangements are agreed upon, they should be set down in writing.  And once the arrangement has been approved by the judge, it is legally binding. Changes which are not brought forward to the court will not be recognized in court.

Therefore, it is obvious that at the heart of child custody and divorce laws are the children involved. All decisions are made while keeping in mind the children and how they may be affected.

 

Written by Divorce Lawyer on April 30th, 2011 with no comments.
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