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Custody battles are fought when two divorcing parents cannot agree on the terms of child custody. Custody battles are not the common means through which child custody terms are settled. In most cases parents are able to settle discrepancies in child custody provisions without entering into custody battles. Custody battles that do occur are eventually settled through the family law court system after all other methods of reaching an agreement have been exhausted.
When parties enter into custody battles they may be fighting over legal custody of children and/or physical custody of a child. Legal custody in a custody battle refers to negotiations over each parent's role in making major decisions in the child's life. Such major decisions may include those about education, health and dental care, extracurricular activities, religious observances, emergency care, and the like.
Physical custody discrepancies in custody battles involve disagreements about who the child will live with and where that child will spend his/her time. Physical custody provisions dictate who the child will live with, where the child will spend weekdays, weekends, holidays, and other important days. Physical custody also involves related activities such as who will pick the child up from school and other places, and generally correlates into the actual time a child spends with each parent.
Custody battles are sometimes unavoidable though there are less drastic alternatives that may be explored before the battle begins. Child custody agreements are often made with the help of a neutral court appointed or privately hired third party who is trained to help parents agree on the terms of child custody. These professional mediators can help parents develop a feasible parenting plan, though in some cases where disagreements are too great a mediator alone is not enough to prevent custody battles.
In some situations custody battles can only be resolved through the legal system. Custody battles can be extremely draining and take an exceptional toll on the children involved. It is important to make sure that your pursuance of child custody battles is worth the potential harm it may cause to yourself and others. If you find that custody battles are the only option in settling child custody issues than it is very important to seek the advice and counsel of a highly trained and experienced attorney who can protect and maximize your legal rights.
Custody battles are many times the only means through which a parent can justly receive custody rights. Statistics indicate that over 200 thousand children are kidnapped by family members every year in the United States, making competent legal representation in custody battles all the more crucial.
If you or someone you know is facing a custody battle or would like to get more information about custody rights and options, please contact us to confer with a highly qualified attorney in your area. To locate a divorce lawyer in your metro area use the lawyer locator on the top right hand side of this page.
More information on custody:
Child custody rights may be shared by both parents or, primary child custody rights may be awarded to one parent or legal guardian. Since the 1970s the family court will award child custody rights contingent with the best interests of the child.
Child custody for fathers following a divorce is one of the most important aspects of a dissolving marriage. Throughout history the legal presumptions about child custody for fathers has changed significantly. Before the twentieth century children were regarded as the property of their father. Under common law, child custody for fathers was commonly awarded, as children were considered a father's rightful property. A major shift occurred after this period in history, as family courts came to favor mothers in child custody cases. It was presumed that under normal circumstances, children did better when placed in the sole custody of their mothers.