Child Custody Rights

Your past history, living arrangements and age of the child are just a few of the conditions considered by the courts when applying for child custody rights. Older children may be allowed to express their wishes of who they prefer to live with and why. Courts decide whether sole custody, joint custody or joint and shared legal custody will provide the most benefit to the child.

Custody Arrangements

State laws determine how custody may be awarded in each case. It is advisable to read through the laws in your state about child custody to gain a clear understanding about what your options are and understand what is happening in the courtroom.

Sole custody may be awarded to only one parent if the court believes the other parent may represent a danger to the child or set a poor example for the development of the child. Another option is to establish joint custody with only one of the parents having legal custody. The third option is joint custody where both parents also share legal custody.

Considerations of the Court

The court will be trying to establish a history of the marriage and family life. Several factors come into play to paint a realistic picture of what is best for the child including which parent they may live with and where.

Who is the primary caregiver to the child throughout the marriage will be a consideration. How deeply a child is already rooted into his community, school life and his home is another aspect of interest. In addition, the current relationship of the parents to each other and the child will be taken into consideration.

Other factors, which will be studied and examined may include whether there is an issue of family abandonment, neglect, child abuse or domestic violence. 

Custody cases may be highly emotional and are often better handled with an attorney carrying out your wishes rather than representing yourself in court.