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
- 4 Common Misconceptions About Child Support After DivorceWe’ve all heard of child support: an ongoing, periodic payment made by the noncustodial parent following the end of marriage. In fact, even in “joint custody” cases, there’s still a custodial parent—who the child spends more time with—and a noncustodial parent, and child support must be transferred. An exception to this would be if both parents earn the same income, pay equal amounts of expenses for the child and have the child the same number of days.
- Depositions: A Metal Detector in a Landmine FieldParties often question the necessity of a deposition in a contested family law case. Versus allowing their attorney to take a necessary deposition, parties often dismiss the idea as a cost savings move or in the blind hope that their case will settle. This is a common mistake for parties who will undergo a trial or contested hearing in their family law matter.
- Avoid A "Bar Fight Mentality" In Your Family Law CaseParties going through a divorce often have the viewpoint that it is helpful to be aggressive, confrontational and hostile in their family law case. By being a bully, or acting angry, they wrongly conclude that this will lend to a positive result in their family law case.
- Divorce & Family Law Courts: The Ten Biggest Mistakes Men MakeIt’s no secret, when it comes to divorce with children involved, there seems to be an inequality in the courts based on gender—more often than not, the mother walks away with all of the rights, leaving the father frustrated and denied of the paternal rights deserved.
- California Child Support Laws - The BasicsWith divorce effecting over three quarters of marriages nowadays, there is a constant demand for answers to the unknowns. Oftentimes, the most important, and stressful, unknown that couples face when encountering a divorce is monetary issues.
- Post-Divorce Child Custody Modification Issues in MissouriThe “best interests” of the child is the family law gold standard used to determine child custody, adoption, guardianship, and visitation rights among other issues. This also is the benchmark for modifying custody and support issues post-divorce. True, it is a subjective, discretionary test that evaluates factors that affect the welfare and interests of the child, but its importance is paramount as a tool for determining child custody in Missouri.
- How Divorce Effects ChildrenDecades ago, the American culture as a whole began believing that unhappy parents equaled unhappy kids. This belief led many parents to divorce for the sake of their kid's happiness. However, research on the subject, which has spanned over 30 years, has found that in reality, kids suffer more and are therefore unhappy more when their parents get divorced. Consequently, parents aren’t any happier either.
- Chronic Illness and DivorceChronic illness is the leading cause of death and disability in the United States. Experts say it also increases the risk of divorce from the 40-50% norm to as much as 75%. Given the relationship between chronic diseases and conditions—such as diabetes, heart disease, cancer, stroke, immune conditions, arthritis, etc.—and divorce, it becomes prudent to plan what steps to take if one should become seriously ill. This is especially true for older married couples.
- Helpful Tips for Single Mothers After DivorceThis is for the single mothers out there who never thought they could make it through their divorce and did. Divorce is draining, both emotionally and physically. You know you’ve made the right decision because it was more painful to be in a dysfunctional marriage.
- When Does Child Support End?Child support is a parent’s legal obligation to provide for their children. It is the responsibility of both parents. The money actually belongs to the children and is to be used only for them, to provide food, clothing, shelter, medical care – the necessities of life. Child support payments cannot be waived.
- 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.