Child Custody Laws

Authored by , LegalMatch Law Library Managing Editor and Attorney at Law

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Most Common Family Law Issues:

The Children Come First in Child Custody Laws

The basic assumption of child custody laws is that the interests of the child should take priority over the interests of either parent. It also assumes that the child’s interests will be best protected when the child has a good relationship with both parents, even if the parents are separated.

“Child custody” is the right to make major decisions concerning the child. Such decisions include non-emergency medical care, religion, and consent to join the military, among many others. Essentially, any decision that a parent has the power to make for a child rests with the parent or parents who have custody.

In a divorce proceeding, divorce courts have wide discretion in deciding who gets custody of a child. There are many factors which they usually consider. These factors include:

Courts can consider almost any factor which is relevant to a parent’s fitness to raise a child, and this list simply includes some of the most common considerations. Note that courts are free to consider other factors when relevant. If you feel that your situation warrants examination by the courts and cannot be resolved through family mediation, we suggesting that you consider posting your case on LegalMatch for review by child custody lawyers in your local area.

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Last Modified: 06-11-2014 01:01 PM PDT

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