Parents Facing Child Custody Disputes

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?

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·         These laws exist in order to provide a legal basis for a relationship between children and their divorced parents.

·         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.

·         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.

·         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.