Guide to Child Custody Law and Parents’ Rights

At the time of divorce proceedings, child custody becomes a major concern and that is why it becomes a topic of judgment and the court is to determine which party is eligible for child custody.

Though both the husband and wife have to share legal child custody, one parent gets successful to conquer the child custody physically. In most of the cases, the court generally announces its decision in the favor of one who can ensure the financial security, satisfactory parenting, and no disruption for the child.

Both the parents are allowed to share legal child custody till the time when the child is under the age of 18 years. Under legal custody, parents are liable to take decision for the wellbeing of the child. It could be in the form of religious practices, medical treatments, and insurance claims. Under physical child custody, the parent is accountable for the child’s education, accommodation, and basic needs and food.

How Child custody Decisions is Made

Child Custody Decisions in a Divorce

Are you a parent who is going through the process of divorce, you must be concerned about child custody? Child custody is also handled in a similar manner as other matters (property division, alimony, financial division). It is concluded by the agreement between the divorcing parent with the help of attorneys or the court.

Child custody and visitation decisions are usually depending upon the following:

1- There is an agreement between the parents on child custody on the basis of:

    • settlement negotiations under the guidance of attorneys
    • Mediation arranged by the attorneys
    • Out of court resolution proceedings

2- Child custody decision taken by the Court (family court judge)

Child Custody Decisions with unmarried parents

With the case that both the parents are unmarried then there is more chance that the mother is given the physical custody of the children. But Father can also claim the custody in the court. Nonetheless, the mother is awarded the custody in most of the cases, still, the father has some rights, under which he can avail some forms of custody and visitation rights.  

In the case of unmarried parents, custody of the child is decided by the same options as with the case of divorcing couples. Generally, child custody will come to a decision through the compromised agreement held between the parents or by the verdict of a family court judge.

When the unmarried couple isn’t able to come to decision or agreement then the matter will be transferred to the family court judge.

Child Custody Decisions of a Non-Parental Child

It could be the case that people other than child’s parents including grandparents, aunts, uncles, and close family friends may claim to obtain the child custody. The person who is looking for non-parental custody of a child has to first draft a “non-parental custody petition” to the court.

It will include the following:

    • The relationship between a person and the child
    • Child’s parent’s status (living, dead, whereabouts unknown)
    • What is the reason the person is seeking child custody?

When the non-parental custody petition is ready, it must be shared with the child’s parents if they are alive.

Are You Looking for Child Custody?

Have you made up your mind to battle for child custody? You must approach child custody attorney who is the expert dealing such cases. They can explain you all the laws associated with child custody and can represent your case in the court in very right manner.