Child Custody Law

Child custody includes the physical and legal responsibilities of parenting. Often, when one parent has sole physical custody the other parent will receive set visitation rights. When parents agree on child custody and visitation schedules, they can develop their own custody agreement. However, when the parents or guardians cannot come to an agreement on terms, they may need to go to court.

The term "child custody" usually refers to the child's parent who has the right to spend the most time with the child and has the most responsibilities and rights associated with the child. Although sometimes a person who is not the child's parent may have these rights and responsibilities, these arrangements are usually referred to as "guardianships."

When determining which parent should have primary custody, whether custody should be shared, and how much visitation each parent should have, courts must look at a number of factors. Of course, these factors vary from state to state, but the overall question is generally the same: "What is in the best interests of the child?" Answering the questions below will give you insight into the specific questions courts may ask to determine which parent (or both) should be granted custody.

Disputes over child custody can be among the most heated. After all, the stakes are incredibly high when the issue of being able to see your own children is on the line. As a result, it may seem like the prospect of ever reaching an agreement with your child's other parent is highly unlikely, but mediation can often lead to surprisingly positive results.

When a married couple has a child, most jurisdictions presume that the husband is the father of the child (even if he is not). When an unmarried couple has a child, on the other hand, it is usually necessary to establish paternity as soon as possible after the baby is born. This protects the mother, the baby, and the father, by establishing everyone's rights with regard to one another, such as visitation, support, and inheritance.

You are divorced, or were never married, but have children with your ex. You share custody or, at the very least have visitation rights. But now your ex tells you s/he is moving someplace with the kids that would make seeing your children as regularly as you would like much more difficult.

Historically, one often thinks of a bygone era where child custody was always seen as a woman's right. But, times have changed and a more enlightened world has realized that a mother as the sole custodial parent is not always the best solution. Thus, what are a father's custody rights today?

The question of which parent is more likely to get custody is an ever evolving one. Once, there was a policy of ensuring that the mother always received custody, called the "tender years" doctrine, which assumed that young children needed to be with their mothers in their early, developmental years. But more recently, courts and lawmakers have realized that the mother is not always in the best position to provide a safe and healthy environment for children.