The field of family law governs all types of interactions within the family. One area of family law that may be important to many is child custody. Child custody determines the rights of both parents to not only visit with children, but also make important decisions in the child's life. Many people might not be aware that there are two different and important aspects to child custody: legal custody and physical custody. Legal custody refers to the parent's decision-making authority for important decisions in the child's life. Such decisions include education, medical care, and religious upbringing. Physical custody refers to where the child resides.
In many cases, throughout the divorce process, the parents might have come up with their own parental custody agreement. These agreements are typically ratified by the courts, but courts are not bound by these agreements and may reject these agreements. Courts are not bound by parental agreements because the courts have an independent responsibility to determine what arrangement is best for the child's welfare. Allowing courts to have the power to reject parental agreements is important to the court's ability to determine what is in the child's best interest and create custody arrangements that are best for the child.
Parents have two options for sharing care and control of their children. This first option is for one parent to have sole physical and legal custody while the other parent will have visitation, or access, rights. Usually, with sole custody, legal and physical custody will not be split. If one parent has sole custody, he or she will typically have sole legal and physical custody. However, sole custody comes with certain limitations. An example of these limitations is that both parents are prohibited from belittling, or bad-mouthing, the other parent.
The other option is for the parents to share joint legal and/or physical custody. Under joint custody, the time the child spends with each parent is not required to be even. The child may spend more time with one parent and the custody arrangement could still be considered to be a joint arrangement. It is easier for the legal and physical custody to be shared in a joint custody arrangement.
During a child custody battle, parents might not only be fighting amongst themselves, but might also have to defend against third parties who believe that the best interests of the child include that third party having custody. In this situation, biological and adoptive parents have superior rights to all third parties. This includes grandparents or other family members, step-parents, a nanny, or the state. Also, there is a presumption that parents are fit. In order for the state, or a third party, to gain custody of a child, that third party must show that the parents are unfit as parents. When determining custody, the court's main goal is to promote the arrangement that is in the best interest of the child.
Once a custody arrangement is in place, a modification of that arrangement is hard to come by. During a custody modification, courts still seek to promote the best interest of the child. However, the party seeking to modify the custody arrangement must not only show that the modification is in the best interest of the child, but must also show that there has been a material and substantial change in circumstances.
In many cases, throughout the divorce process, the parents might have come up with their own parental custody agreement. These agreements are typically ratified by the courts, but courts are not bound by these agreements and may reject these agreements. Courts are not bound by parental agreements because the courts have an independent responsibility to determine what arrangement is best for the child's welfare. Allowing courts to have the power to reject parental agreements is important to the court's ability to determine what is in the child's best interest and create custody arrangements that are best for the child.
Parents have two options for sharing care and control of their children. This first option is for one parent to have sole physical and legal custody while the other parent will have visitation, or access, rights. Usually, with sole custody, legal and physical custody will not be split. If one parent has sole custody, he or she will typically have sole legal and physical custody. However, sole custody comes with certain limitations. An example of these limitations is that both parents are prohibited from belittling, or bad-mouthing, the other parent.
The other option is for the parents to share joint legal and/or physical custody. Under joint custody, the time the child spends with each parent is not required to be even. The child may spend more time with one parent and the custody arrangement could still be considered to be a joint arrangement. It is easier for the legal and physical custody to be shared in a joint custody arrangement.
During a child custody battle, parents might not only be fighting amongst themselves, but might also have to defend against third parties who believe that the best interests of the child include that third party having custody. In this situation, biological and adoptive parents have superior rights to all third parties. This includes grandparents or other family members, step-parents, a nanny, or the state. Also, there is a presumption that parents are fit. In order for the state, or a third party, to gain custody of a child, that third party must show that the parents are unfit as parents. When determining custody, the court's main goal is to promote the arrangement that is in the best interest of the child.
Once a custody arrangement is in place, a modification of that arrangement is hard to come by. During a custody modification, courts still seek to promote the best interest of the child. However, the party seeking to modify the custody arrangement must not only show that the modification is in the best interest of the child, but must also show that there has been a material and substantial change in circumstances.
