Child Custody Law


Child Custody Law





Child Support and Custody Law Firms
What is Child Custody law? This subset of law also often overlaps with facets of divorce law. Child custody refers to the legal obligation and right a parent or guardian has to care for, make decisions for, supervise, educate and control a minor child for whom he/she is responsible. The issue of child custody may arise in any of the following situations: when a married couple with a minor child of the marriage seeks a divorce; when two unmarried parents of a minor child cannot come to an agreement about custody outside of court; when a parent or legal guardian is found to be unfit or dangerous for the child’s well-being by a court or state agency; and when either or both parents are absent or deceased. Custody is not limited to the child’s parent, but can also be awarded to other family members, to a foster parent or group home, or to other organizations or institutions.

There are two main categories for child custody, legal and physical, which are then also assigned as either sole or joint. Legal custody deals more with the rights and responsibilities of a parent as opposed to where the child resides. It allocates who can make decisions about major issues in the child’s life, such as education, medical and healthcare decisions and the child’s overall welfare. An award of joint legal custody makes it necessary for the responsible parties to communicate and work with one another to share in these decisions. Physical custody addresses where the child will reside and for how long, and who will have the day to day responsibility and right to make necessary decisions regarding the child’s daily activities and wellbeing. When joint physical custody is awarded, the child will spend time residing with both parents and/or guardians. This does not mean that the time must be divided equally; rather it might be an arrangement explicitly spelled out by the parties or based on stated guidelines and shared payment of costs for raising the child.

All states have adopted the policy that child custody arrangements and awards must be based upon the best interest of the child. Although the factors considered for determining this may vary from state to state. When the parents/guardians can get along and agree to it, the court may award joint physical and/or joint legal custody. Generally, when one parent/guardian is granted sole physical custody, the other parent/guardian will be awarded visitation, which includes weekends, some holidays and vacation time and other occasions, as applicable. Courts reserve the right to modify custody arrangements when the circumstances call for it.

For more information about individual child custody laws, procedures and related topics for U.S. states, please visit our U.S. Divorce Law Center. Visit Us at Google+ Copyright HG.org

Child Custody Law - US

  • ABA - Center on Children and the Law

    The ABA Center on Children and the Law, a program of the Young Lawyers Division, aims to improve children's lives through advances in law, justice, knowledge, practice and public policy. Our areas of expertise include child abuse and neglect, child welfare and protective services system enhancement, foster care, family preservation, termination of parental rights, parental substance abuse, adolescent health, and domestic violence.

  • ABA - Custody Committee

    The Custody Committee studies and strives for improvements in the law relating to child custody and visitation, such as development of a model joint custody statute, standards for relocating children and rights of stepparents and unwed parents.

  • Administration for Children and Families (ACF)

    The Administration for Children and Families (ACF) is a federal agency funding state, territory, local, and tribal organizations to provide family assistance (welfare), child support, child care, Head Start, child welfare, and other programs relating to children and families.

  • Child Custody - Overview

    In cases of divorce, the court of jurisdiction for the divorce proceedings also determines child custody arrangements. Under the common statutory provision, if the spouses have children together while married, the parents have joint guardianship over that child and the parental rights are equal. Each parent has an equal right to the custody of the child when they separate.

  • Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

    Full text of the UCCJEA, which limits child custody jurisdiction to one state, avoiding competing orders, and provides enforcement provisions for child custody orders.

Organizations Related to Child Custody Law

  • Alliance for Non-Custodial Parents Rights

    If you have family law challenges, our ANCPR Family Law Winning Strategies Handbook is designed to enable noncustodial parents to assert their parental rights by becoming experts in how the system works, and how best to use it to their advantage.

  • American Coalition for Fathers and Children

    ACFC is lead by individuals with extensive and varied depth of experience. Each brings a wealth of practical knowlege and dedication to Shared Parenting and Family Law Reform. There are a number of noteworthy women involved with ACFC who believe, as most Americans do, that family law reform is not a male or female issue - it is simply a matter of recognizing that the best interest of children, and society, is served when we implement laws and policies acknowledging "Children Need Both Parents."

  • Child Custody Coach

    Welcome to the ChildCustodyCoach.com, which represents the business Child Custody Coach™ on the web. Known nationally as The Custody Coach™ and as the founder of Child Custody Coach in Orange County, California and website ChildCustodyCoach.com, my goal is to provide informational, educational, and coaching services that can help empower parents who are dealing with divorce and child custody issues or are undergoing a 730 Custody Evaluation.

  • Children’s Rights Council (CRC)

    The Children’s Rights Council (CRC) was incorporated in 1985 to ensure that children have continuing meaningful interactions with both of their parents regardless of their parents’ marital status.

  • Equal Parenting Party

    We, the members of the Equal Parenting Party, dedicate ourselves to ensuring the rights of all family members (parents, children and relatives) are properly supported and represented in courts, society and everyday life.

  • National Association of Counsel for Children

    The National Association of Counsel for Children’s mission is to improve the lives of children and families by ensuring that these proceedings produce justice. Specifically, our mission is to: * Strengthen the Delivery of Legal Services for Children * Enhance the Quality of Legal Services Affecting Children * Improve Courts and Agencies Serving Children * Advance the Rights and Interests of Children

Publications Related to Child Custody Law

  • Divorce Magazine

    Divorce Magazine is the Internet's leading divorce and separation resource site, providing information and advice about divorce law, divorce lawyers, family law, children and divorce, and other divorce-related issues as well as information on divorce professionals such as family lawyers and online divorce.

  • NCSC - Marriage, Divorce, Custody, and Support Resource Guide

    NCSC is the organization courts turn to for authoritative knowledge and information, because its efforts are directed by collaborative work with the Conference of Chief Justices, the Conference of State Court Administrators, and other associations of judicial leaders.

  • Noncustodial Parent Information

    Noncustodial parents often have specific questions about child support. This information is provided to help noncustodial parents understand what happens when one or both parents seek child support services. The links below provide the information most often requested by noncustodial parents:

Articles on HG.org Related to Child Custody Law

  • Fathers Rights in California and What Every Dad Should Know
    Fathers concerned about their California custody rights get a lot of bad information. This article will take the confusion and myth out of this area of family law and get dads who are going through custody cases off to a good start.
  • Joint and Sole Legal and Physical Child Custody Explained
    If you and your child's other parent are separated or divorced, determining child custody is probably one of your primary concerns. Child custody comes in two forms – legal custody and physical custody.
  • What Protective Orders Can and Cannot Do in Maryland
    Protective orders might help you feel a little more safe and secure, but ultimately any protective order is a legal document. If you are in danger, removing yourself from the situation and seeking protection, may be the best bet.
  • How Does Domestic Violence Affect Custodial Rights to Children in California?
    Domestic violence is being referred to as an epidemic in the United States, and more than three million children witness acts of domestic abuse every year. Domestic violence is emotionally scarring for victims, especially when children are involved. It is important for anyone involved in a family law case to understand the implications of domestic violence and how it affects child custody in California.
  • Divorce Modification in Texas
    Anyone that needs more information about modifying a divorce decree to change custody details, visitation rights, child support conditions, or living situations should read this guide to Texas divorce modifications. Divorce modifications are different in every state, and in Texas the laws are as complex as any other state's laws. The following article describes in detail Texas laws pertaining to divorce modifications.
  • Child Custody Exchange Safety
    Child visitation and child custody exchanges are a vital part of maintaining and building relationships between a child and each of their parents, but they can be a major challenge for the parents. The swap occurs each time a chid goes from the physical custody of one parent to the other, and the exchanges often escalate to high-conflict situations.
  • Can A Parent Coordinator Alleviate Conflict After The Divorce?
    A divorce is never easy, but there are ways that the distress of going through a divorce and the accompanying child custody hearings can be minimized.
  • Right of the Child
    The essential principle that passes like a golden thread in law, in judgments and in every occasion of childustody is the principle of " The good of the child".
  • Divorce in Isarel
    While in most western countries the authority to judge matters relating to separation and Divorce is in the hands of the Family Court, in Israel there are two parallel instances who are authorized to judge issues involving divorce between a Jewish couple;
  • Child Maintenance & Rights of Access
    Child/spousal maintenance and contact is one of the main issues in any divorce or separation. This article discusses some of the difficulties associated with it.
  • All Family Law Articles

    Articles written by attorneys and experts worldwide discussing legal aspects related to Family Law including: adoption, alimony, child support and custody, child visitation, collaborative law, divorce, domestic violence, elder law, juvenile crime, juvenile law, juvenile probation, paternity, pre-nuptial agreement, separation.