Child Custody Law
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.
Know Your Rights!
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Articles on HG.org Related to Child Custody Law
- Enforcing Child Support in US Courts When the Child Lives OverseasIn the modern, global world, it is not uncommon for people to migrate from one country to another. Unfortunately, doing so can complicate family issues, particularly after a divorce or when children are involved.
- Benefits of Joint CustodyThe dissolution of a family through divorce is difficult for all involved, especially the children.
- When Kids Are Involved; How to Ensure Visitation and Custody in the Best Interests of the ChildrenWhen a couple makes the decision to divorce, it is never an easy choice. Many factors weigh heavily on the decision, and this can be particularly true when there are children involved.
- Equal Rights For FathersTraditionally, mothers received custody of children when a divorce ensued.
- The Importance of Paying Illinois Child SupportIf you are one of the millions of Americans that have gone or are going through a divorce with children, you are probably very familiar with the term child support.
- Establishing Paternity in IllinoisPaternity is the legal term for the relationship between a father and his child. While maternity is always apparent, sometimes there may be questions as to who is the father of the child. When these questions arise, intervention of an experienced family law attorney is warranted.
- Common Stress Factors that Lead to DivorceMarriage is one of the most difficult relationships to maintain, and often requires a great deal of effort from both spouses.
- Steps Women Should Take Before Getting a DivorceBefore plunging into the waters of divorce, women can take several steps to help make the process easier. Decisions made immediately prior to divorce can have a financial impact for years to come.
- Steps to Take Before Getting a DivorceAs much as getting a divorce is an emotional decision, it is also a financial decision. Once someone has made the decision to pursue a divorce, he or she should immediately take steps to safeguard his financial and legal interests.
- Discouraging Adoption Fraud and Misrepresentation / Duty to Report Abuse and Guarding of ConfidentialityEspecially in the case of adoption, the Code specifically requires an attorney to actively discourage adoption fraud or misrepresentation and prohibits the attorney from engaging in such conduct.
- 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.
Child Custody Law - US
- ABA - Center on Children and the Law
- 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.
- 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.