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Knowing More about Child Custody

Are you interested in knowing about child custody? If so, then you have to read on as this article talks about child custody and everything you want and need to know about it.

What is child custody?
Child custody refers to the legal and practical relationship between a child and his or her parent who is given the right to care for and make decisions for the child. The need for child custody usually arises from incidents like annulments, divorces, and legal actions involving children. Common provisions of almost all states include that child or children born within a marriage will get the parents’ joint guardianship and that the parents will receive equal child custody after separation.

There are however issues about child custody that must be resolved particularly on the residence and contact. Residence and contact are usually determined and decided based on the court sees as the best for the interest of the child.

Who Decides about Child Custody?
Laws about child custody are considered state laws. If the need for child custody arises because of divorce, the court with jurisdiction on the proceedings will determine who to give the child custody to.

How Does the Court Decide about Child Custody?
The decision about child custody is usually based on what the court sees is best for the child. In cases of parents separation, the court bases its decision on who among the parents can better provide for and support the child. The proceedings for child custody are child-centered and the custodial awards standards are designed to give the child protection.

Provided there is no evidence or proof of misconduct, the parents receive equal rights to custody of the child. It is for this reason that the court will also consider some factors like parent’s history, financial capability, mental state, and parent-to-child relationship before making a final decision about child custody.

Issues that can Affect the Child Custody:
Some issues may also affect the court’s decision about child custody. Drug use, alcoholism, mental disorder, use of illegal substance, desertion, family abuse, and inability or unwillingness of the parent to care for the child may be considered by the court as evidence or proof that the parent does not deserve the right to child custody. The child custody will therefore be given to the parent who the court proves to be more fit for taking care of the child.

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