Child Custody
Child custody arrangements may be agreed upon between the divorcing parents or be determined by the courts. In cases when the court decides custody, the goal is often described as determining which custody arrangement is in the best interests of the child.
The parent with custody can make decisions about the child’s health care, education, and religious upbringing. In some cases, only one parent is seeking custody. The other parent may be satisfied with visitation rights. When both parents are seeking custody, the custody battle can sometimes be emotional and stressful for both parents.
Temporary, exclusive, and joint custody are types of custody arrangements. The court may grant temporary custody to appear in for the duration of the separation and divorce proceedings until a final decision on custody is made by the courts.
When one parent has all custody rights and the other parent has none, this is called exclusive custody. If the parents are given equal rights to child custody, this is often referred to as joint custody. Joint custody is very common when both parents are able to care for the children properly.
Joint custody is usually considered in the best interest of the child unless there is evidence to prove that one parent is unfit or dangerous the child’s well-being. Custody arrangements typically keep siblings together since this is usually considered in the best interest of the children.
The court may consider several factors in determining which custody arrangement would be best. The lifestyles of the parents are often considered which can include whether or not one or both parents smoke since this exposes children to secondhand smoke. The mental and physical health of each parent is also considered.
The child’s preference may be taken into account if the child is old enough, which is usually considered twelve years old or older. The judge may consider the emotional bonds between the child and each parent.
The noncustodial parent has a right to visitation according to the law. Even if a custody agreement does not specify visitation, the law implies that the parent does have visitation rights. If the noncustodial parent is shown to be a danger to the child, the visitation rights may be denied as part of the child custody arrangement.
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Tags: Divorce, Family