Child Custody Cases

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Child custody cases usually arise after the preceding of a divorce. Issues such as where the child will live, who will financially support the child, and visitation rights are all apart of a child custody case. Depending on how much each parent is willing to compromise with the other will base how difficult the case will be. Many child custody battles could last for many months or even a year. It is often believed that the issue of child custody will be solved during the divorce hearing but that is not the case. The details of a divorce, child custody, and child support are all handled during different times. The child’s well being is first and foremost the main concern when awarding one parent with child custody.

Sole custody is when only one parent is granted the legal custody of the child. If this ruling is given, the mother is typically the one who is granted this. Many states feel that a child who stays with their mother throughout most of their young life will grow up to be a more positive and nurturing person. However, if the judge finds that the mother cannot provide adequate care of the child, then the father will be awarded custody. Whoever is not awarded custody will be required to pay child support to the other parent. The issue of child support will not be addressed at the same time. If the judge feels that the other parent is fit enough to be around the child then visitation rights will be awarded. However, if the parent is not allowed to be with the child alone, then supervised visitation will be chosen. When sole custody is ruled, the child typically does not stay over at the other parents house for a night. The parent can arrange a time to visit with the child or take them somewhere for a few hours, but that is usually all that can be arranged.

Joint custody is when both parents are awarded equal custody of the child. There are two types of joint custody that will be considered. Physical joint custody is when the child stays with both parents but at different times. The court now refers to this as a ‘ordered schedule’. Many times both parents will agree to let the mother keep the child the most amount of time, while the father gets the child every other weekend. Legal joint custody is much like physical joint custody, except for the fact that both parents are allowed access to legal records instead of just one parent. With legal joint custody, both parents have the right to make important decisions about the child such as schooling, medical, or religious decisions. Often times, a family counselor is needed to sort out any misunderstandings or disagreements.