It is overwhelming for parents to work through US child custody law, especially during the time of emotionally charged moments such as divorce or separation. Having knowledge about the basics of custody laws helps to safeguard your rights and ensure the best for your child. The following facts should be known to every parent.
Types of Child Custody
There are two types of child custody under US law in general: legal custody and physical custody. Legal custody is the authority for making important decisions on how to raise the child, such as education, health, and religion. Physical custody determines who the child lives with. It can be one-parent sole custody or joint custody with equal responsibility from both parents.
Best Interests of the Child
The basis of child custody decisions is the best interests of the child. The courts consider the age of the child, the emotional bond between the child and both parents, the capacity of the parents to provide a stable home life, and the history of abuse or neglect. The intent is to encourage the safety, welfare, and happiness of the child.
Custody Arrangements
Parents can agree on custody arrangements through mediation or negotiation. In case there is no agreement, the court will step in and make a decision. Joint custody is more common today since it allows both parents to have ongoing roles in the child’s life. Sole custody can be awarded if a parent is unfit.
Visitation Rights
Even in the instance of sole physical custody to one parent, the other parent will usually still have the right of visitation. These rights allow the child to have a relationship with both parents, except visitation is unsafe for the child.
Modification of Custody Orders
Custody orders do not last forever. If there is a material change in circumstances—i.e., the parent is moving out or there is an extreme change in the needs of the child—either party may ask the court to modify the custody order.
State-Specific Legislation
Child custody laws differ from one state to another, so seeking the services of a family law attorney who understands your state’s laws is prudent. Understanding your rights and responsibilities can make it easier for you to navigate this process.
Putting your child’s well-being at the center of your priorities and seeking the assistance of an attorney, you are able to push for a custody agreement that has a healthy and nurturing environment for your child.
