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Child custody and visitation laws govern how legal and physical custody of a child will be determined when parents are divorced, separated, or were never married. There are two types of child custody: legal and physical. Legal custody determines who will make the major decisions that affect the child's life, such as those regarding the child's health, education, welfare, and more. Physical custody determines who the child will live with and with whom they will spend their time.
The family court has the final authority over child custody and visitation arrangements. A family law judge will always judge child custody and visitation matters to serve the best interests of the children involved. When the court decides that the child would benefit most from having both parents play a role in their life, s/he will grant joint or shared custody to both parents. When joint custody is awarded child custody and visitation laws apply.
In a joint custody case, one parent is typically granted primary or custodial custody of the child. Under child custody and visitation arrangements, the child will live primarily with the custodial parent and the non-custodial parent will have child visitation rights. The non-custodial parent may also be ordered to make child support payments to the custodial parent under child custody and visitation laws. However, the law distinguishes between child support and child visitation rights and responsibilities.
Child custody and visitation arrangements can be made in a few different ways. First of all, a prenuptial agreement or any other contract between spouses which spells out child custody and visitation arrangements in the event of a divorce will not be upheld by a court of law. Child custody and visitation arrangements can only be made upon approval from the family court with the best interest of the children placed above all else.
Child custody and visitation arrangements can be negotiated between parents independently or through the process of mediation. Mediation involves a neutral third party facilitator who helps parents determine the terms of child custody and visitation without going to court (so long as the court approves the arrangement). If child custody and visitation decisions cannot be made through negotiations, the court will determine child custody and visitation arrangements.
The court will develop a child visitation schedule detailing the time that the non custodial parent will be allowed to spend time with the child. All persons named in court-ordered child custody and visitation plans are legally bound to its terms. If a person wished to make modifications to the child custody and visitation plan, they must petition the court for such a change.
More information on custody:
- Child Abduction
- Child Custody
- Child Custody Agreements
- Child Custody and Visitation
- CHILD CUSTODY ARGUMENTS
- CHILD CUSTODY CASES
- CHILD CUSTODY RIGHTS
- CHILD VISITATION
- CHILD VISITATION AGREEMENTS
- CHILD VISITATION ENFORCEMENT
- CHILD VISITATION GUIDELINES
- CHILD VISITATION LAWS
- CHILD VISITATION RIGHTS
- CHILD VISITATION SCHEDULES
- CUSTODY BATTLES
- CUSTODY FOR FATHERS
- CUSTODY ISSUES
- CUSTODY RIGHTS OF GRANDPARENTS
- JOINT LEGAL CUSTODY
- PARENTAL ALIENATION SYNDROME
- SHARED CUSTODY
- SOLE CUSTODY
- SOLE CUSTODY RIGHTS
Issues Regarding Child 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.