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CHILD CUSTODY RIGHTS

Child custody rights are awarded to parents, step-parents, grandparents, and other legal guardians as determined by a family court judge. Legal judgments in child custody rights cases favor biological parents who are deemed suitable guardians. Child custody rights are awarded based on the best interests of the children involved. Child custody rights and responsibilities detail who will have legal and physical custody of the child. Child support payments will also be determined where applicable in child custody rights cases.

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. In the past, family courts used to favor mothers in child custody rights cases. This bias is still held by some family law judges though they will always make a fair assessment of a child's best interests when determining child custody rights.

In seven out of ten cases, child custody rights are awarded primarily to the mother of the children. Primary child custody rights are awarded to fathers less than ten percent of the time. Joint custody is awarded about twenty percent of the time meaning that child custody rights and responsibilities are shared by both parents. In most cases that do not involve abuse or neglect, parents will be free to determine the division of child custody rights as long as the arrangement is approved by a family court judge.

Parents can largely determine child custody rights when there are not major discrepancies in the terms sought by each party. Mediation is a process by which a neutral third party intercedes to facilitate decisions about child custody rights. When an agreement can be made through medications and approved by a judge, the terms of this parenting plan will be upheld. When there are disagreements over child custody rights, the case will be heard by a judge who will ultimately determine child custody rights.

When a judge hears a child custody rights case, s/he will take several factors into account when making a decision. Courts will often rely on the expert testimony of a psychologist who will evaluate child custody rights options by looking at a number of relevant factors. The following factors are taken into consideration when determining child custody rights: past parenting behavior, the age of the child, the child's preference, the amount of time a parent can dedicate to properly raising a child, household stability, financial considerations, and other specifics. Children may be allowed to testify at any age though special considerations are made for younger children.

Child custody rights involve both physical and legal rights and responsibilities. Physical child custody rights refer to who will actually take care of the child~ who the child will live and spend time with. Legal child custody rights refer to parental decision making power yielded over the major events of a child's life, such as education, health care, activities, religion, and the like.

In order to protect and maximize your child custody rights and options as a parent or guardian, please contact us to speak with a qualified and experienced attorney near you.

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Issues Regarding Child Custody


Child Custody Rights

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.

Custody for Fathers

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.

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