The basic assumption of child custody law 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.
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. Courts are free to consider any other factors that may be relevant.
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:
After the courts look at all the relevant factors, most courts then tend to focus on which parent will provide the best and stable environment for the child and which parent has the better relationship with the child. Usually the parent that has been the primary caretaker has been awarded custody. In regards to older children, courts award the parent that provides the best education, neighborhood, life, and religious surrounding for the child.
Although judges are allowed to use a variety of factors while assessing child custody, there are some factors that judges may not use when determining child custody:
In the past courts have been awarding child custody to the mother since the mother was usually the primary caretaker for the child. Modernly, the courts have rejected this rule and have focused on all the factors listed above. States are now required to determine child custody on the basis of the child’s best interest and a consideration of which parent will provide the child with the best stable environment.
Common child custody issues include:
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.
Last Modified: 05-29-2017 11:23 PM PDTLaw Library Disclaimer
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