Child Custody

Child custody is a difficult issue, and often one of the most heart wrenching when a couple divorces. There are many options for child custody, and often, if the parents agree, they may choose how custody is divided within the parameters of child custody law. If they cannot agree, the courts will use child custody law to make the arrangements it feels are in the best interests of the child.

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What Every Parent Should Know about Child Custody
Parents will most often find themselves faced with child custody decisions when separating or divorcing. While each state's laws regarding child custody differ, and even within a state there may be some variations, you should know that the majority of state's do allow the parents to make the decision, if they are able to come to an amicable arrangement. No one knows your children or what is best for them the way you do, so making a child custody arrangement on your own will likely provide the best outcome for your children during this difficult time.

Parents can access a variety of resources when attempting to come up with a child custody arrangement on their own. In many states, child custody law allows for mediation between parents. Many states further require parenting classes for divorcing parents. A mediator can be an excellent choice to assist you in creating a fair and reasonable agreement that meets the child custody law in your state. Your attorneys may also be of assistance in providing you with information about child custody law in your state and how it applies to your individual situation. If parents are unable to choose a suitable custody arrangement for their children, the state courts will do so, according to child custody law in your state. While all courts strive to serve the best interests of the children, this is, nonetheless, not ideal at all.

Child Custody and Divorce
Child custody agreements are one of the most difficult parts of any divorce. While children should never be used as a weapon in a divorce, unfortunately, they often are. How child custody is decided depends upon child custody law in your particular state. If you are divorcing, learning more about child custody law in your state is critical, particularly if both parents cannot agree on an appropriate child custody arrangement. Even if you are working together to create an acceptable child custody agreement, you will need to know child custody law in your state to make certain that the terms of your agreements meet legal requirements.

When determining child custody, you should consider the age of the children, who has been their primary caregiver, and parents' work schedules. If the children are of age to offer input, their preferences should also be taken into consideration. Furthermore, it is important, and typically considered in child custody law, that both parents have ample access to the children. If the children will live primarily with one parent, do be sure that the other parent has substantial access to the children.

Determining Child Custody
Child custody law strives to determine child custody in the best interest of the children; however, the specifics of child custody law differ from state to state. Some states continue to favor traditional child custody arrangements, with the mother having primary custody and the father having visitation. Other states consider the parents equally and may be more apt to give custody to the father. Some states' child custody laws favor joint physical custody, in which the parents each have the children several days of the week, or a week at a time. This can be ideal, especially with older children, if the parents live near one another. Most states do allow parents to make this decision, if they can work together amicably to formulate a plan that fits the child custody law in their state.

If the court has to determine child custody using child custody law, there may be home visits, interviews with the children, and even psychiatric evaluations to insure that the placement is the in the best interest of the children. Your children may even have a court appointed guardian ad litem to look out for their interests in court. This process is difficult for both parents and children and is just one reason that it is ideal to cope civilly with your soon to be ex-spouse in order to come to an acceptable agreement regarding child custody.

Legal Custody
In many states, child custody law distinguishes between two types of child custody. The first is legal custody. Legal custody means having the right and obligation to make decisions regarding schooling, religion and medical care for the child. In many cases, child custody law awards parents joint legal custody, even when one parent has primary physical custody of the child or children. Sole legal custody is also an option, but is typically only awarded if the other parent is unfit or abusive.

It is to the benefit of both the parents and children to communicate amiably regarding legal issues if joint legal custody has been awarded to both parents. While this can be challenging, child custody law requires that you deal with these issues as a team. If you are unable to do so, you may find that your ex has you back in court under child custody law. While punishment or penalties are unlikely, this can be both expensive and embarrassing. If you are unable to deal with joint legal custody in a civil manner, it may be wise to consider mediation services or family counseling to help you and your ex parent your children in a cooperative manner, as is the intent of child custody law.

Physical Custody
Physical custody means that the parent has the right to have the child live in their home. Sole physical custody or joint physical custody may be awarded under child custody law. In the case of sole physical custody, the custodial parent may or may not have sole legal custody. Most often, child custody law awards sole physical custody to one parent, joint legal custody to both, and visitation to the non-custodial parent. While visitation schedules may vary depending upon distance between the parents, the typical schedule is every other weekend, alternating major holidays, and several weeks in the summer.

If you have sole physical custody, you will also likely have to deal with another aspect of child custody law, that of child support. While child support is not always a factor when there is joint physical custody, it very typically is in sole physical custody situations. As with all issues connected with child custody law, this too is best handled amicably. The state does have means of garnishing wages and otherwise collecting child support from deadbeat parents. It should be noted that failure to pay child support does not typically change the legal standing with regard to visitation from a child custody law perspective.

Shared Custody or Joint Custody
While joint legal custody is a common arrangement, joint physical custody is less so. In a joint physical custody arrangement, per child custody law, the children will spend part of their time living with one parent, and part living with the other. There are both benefits and drawbacks to this arrangement, and it does typically require that the parents have a relatively amicable relationship.

Joint custody is rarely awarded as part of a child custody law decision. It is most often the result of parental negotiation. If parents present it as their child custody agreement, child custody law does allow in every state for joint or shared child custody. Parents typically need to not only get along well, but live near one another. Studies have shown that shared child custody is particularly difficult for young children, but may be the preference of older ones. Some parents who opt for shared child custody swap off from week to week, while others may swap the children from house to house every few days.

Given the intense communication required for shared physical custody, child custody law in most states does not use this as the common choice. As parents, if the two of you prefer this option, be certain to voice your preferences as you negotiate your divorce and child custody wishes.

Child Custody and Visitation
When sole physical custody is assigned, visitation is granted to the non-custodial parent. Standard visitation is every other weekend, alternating holidays, and several weeks over the summer holidays. Additional visitation may be granted by the courts. Visitation comes with its own difficulties and challenges for both parents. Work together to create amicable and convenient visitation arrangements, especially if significant travel is required between homes.

The non-custodial parent should be certain to take all granted visitation whenever possible. This is important both for your relationship with your child or children, but also for your legal standing in court should you or the custodial parent ever request a change in child custody, as is allowed by child custody law. As the custodial parent, it is your responsibility to make certain that visitation schedules are kept on your end, as much as possible. While it may be tempting to prevent visitation if child support payments are late, this is not allowed by child custody law and is detrimental to your child's well being.

Changing Your Child Custody Agreements
The time may come that you wish to change your child custody agreement. This is allowed, by child custody law, but may require a visit to court. Consult your mediator or attorney for information regarding making these changes to a child custody arrangement in your state. They can provide you with the specifics of child custody law in your state and your situation. Furthermore, if both parents agree upon a change in child custody, it is typically quite easy to formalize a new child custody agreement.

The courts use child custody law if you request a change to the child custody arrangement without the consent of both parents. Perhaps you question the other parent's ability to parent, situations have changed, or you would like joint custody instead of visitation. In this case, expect full child custody evaluations, and that the court will strive to decide the custody of your children in their best interests. You may also find yourself back in court dealing with child custody law if you have specified terms regarding the distance a parent may move from the other parent or child.

As with all child custody law situations, it is best if both parents can work together to come to an amicable agreement about child custody situations.

Child Custody and Child Support
Child custody law also impacts child support. Child support is paid by one parent to the other to help pay the expenses of raising the child or children. While we traditionally think of fathers paying child support to custodial mothers, child support is simply paid to the custodial parent in cases where one parent has sole physical custody. Child support is somewhat more complex in joint physical custody situations, but may still be paid, especially if there is a significant income difference between the parents.

It is important to note that child support is a significant issue for many couples divorcing. If your former spouse does not pay their child support as scheduled, seek assistance from an appropriate state agency with regard to child support enforcement. They may be able to garnish wages or otherwise assist you in receiving your child support. If you are the parent paying child support, remember that this money goes to feed and clothe your children, and is critically needed for their day to day care. Child custody law aims to place your child in the best situation, and that does involve non-custodial parents providing financial support as ordered by the courts.

Do remember that child support or non-payment of child support does not impact decisions made regarding child custody using child custody law. Visitation and custody agreements remain, even if there is non-payment of child support.


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