Find the Right Child Custody Lawyer Now! Fast, Free, and Confidential
Find your lawyer now:
Child Custody Overview
One of the most difficult challenges soon to be divorced or separated parents must face is establishing child custody and visitation arrangements. Local courts usually make their decisions based on the "child's best interests" when deciding child custody.
What Does the "Child's Best Interest" Mean?
Determining what is in the child's best interest depends upon many aspects, these include:
The child's or children's gender, age, physical and mental health
Fitness of each of the parents (both physical and mental)
Lifestyle and other social aspects of each parent's domicile and situation
Each parents ability provide to the necessities of life: food, clothing, shelter and medical care
Demonstrated emotional ties between the child and each parent
Stability of the living situation or environment
The willingness (and ability) of the parent to foster a healthy relationship between child and other parent
The Two Types of Custody Arrangements (also see Types of Child Custody) Legal Custody - The right and responsibility to make decisions about the rearing of the child. This includes issues such as education, religion, medical care, and discipline.
Physical Custody - The right of a parent to have a child live with either parent. Courts will award legal and physical custody of a child to either one parent (sole custody) or both parents (joint custody).
Modification of Child Custody
Child custody and visitation agreements can be modified with the consent of both parents or by order of the Court. Anything aspect may be changed as long as it is consistent with the child's best interests. Typical reasons for modifying a child custody arrangement are:
A major change in circumstances- Anything substantial that upsets the stability of the child's life ( e.g. a parent's job loss or change, relocation, sickness, martial status) may justify modification.
Relocation (see Relocation and Child Custody) - Some states allow parents with physical custody to relocate no matter what distance is involved.
Change in lifestyle - Modification may also be justified if significant changes in a parent's lifestyle harm or threaten the child.
