Most parents don’t want to have to come to a point in their
lives where child custody is a major issue. The hope is that if it ever gets to
that point something fair can be worked out between each spouse, however
inevitably someone ends up feeling like they got the short end of the stick.
Then there are the child’s needs and desires to take into account and the
decision is never easy for them either. Child custody laws are governed both on
the federal and state levels and authorizes parents to make decisions both
legally and physically over a child. These laws also pertain to visitation
rights for the non-custodial parent. What is the purpose of child custody laws?
Explore More How to Get Best Attorneys For Child Custody?
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These
laws exist in order to provide a legal basis for a relationship between
children and their divorced parents.
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Because
divorce can become a bitter rivalry between parents of a child, these disputes
require child custody laws and attorneys for child custody to step in and help
define a family situation with the best interests of the child in mind.
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Beyond
divorce, child custody laws also apply to non-married parents who claim custody
based on a biological relationship, when grandparents dispute the competence of
the child’s parents, or when same sex couples with adopted children separate.
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There
are cases where custody is granted to individuals that are not related to the
child’s family such as foster parents.
The laws typically favor frequent and continued contact
between the child and both parents. This is intended to allow both parents the
ability to have an ongoing relationship in raising their children. Each case is
different however and the decisions a court makes are heavily influenced by the
circumstance of each individual case. Although historically women have often
been awarded physical custody more often than men, the judge will not hesitate
to choose differently should a parent present themselves as highly
irresponsible and negligent in their parenting skills.
The best interest of
the child
Usually in custody cases, courts have a value system known as
the “best interests of the child”. These are universal guidelines that cover
things like the child’s age and physical well-being as well as that of the
parents, the lifestyle of each parent, the child’s preference, and the ability and
willingness of either parent to care for the child among other things.
Physical and Legal
custody
Child custody laws involve physical and legal custody.
Providing food, clothing and shelter for a child falls under the physical
category, while legal custody refers to decisions that affect a child’s
interests such as education, medicine, religion etc. Twenty states actually
separate legal and physical custody while the other thirty states do not
separate them and custody refers to both responsibilities.
Although you may be able to work out an amicable agreement in
regards to child custody with your spouse, it is still advisable to seek the
counsel of attorneys for child support. An attorney for child support can
provide excellent guidance on family laws and will help you avoid the common
pitfalls that happen during divorce that lead to problems later on for you and
your children. Visit www.legal-yogi.com today or call them directly at
1-800-397-1755. They have access to attorneys anywhere in the country.
