Child Custody Law - Basic Aspects You Should Know

[Theresa Chenoweth]

If you are faced with having to go through a child custody dispute,
you should be familiar with the basic aspects of child custody law and
have an understanding of how the process works. Unless you are fully
knowledgeable, always hire a qualified child custody attorney who is
good in family law.
First, there are two basic aspects relating to the custody of a child
- legal custody and physical custody. Legal custody covers the
responsibility and decision making regarding the child's basic needs
like for health, education and welfare. If only one parent has been
given sole legal custody, then that parent can make all decisions
relating to the children without consulting the other parent.
Sometimes parents will be given joint legal custody and decisions will
then have to be made jointly. There may be various degrees of custody
depending on the individual case. For example, a parent may have legal
custody, but they may also have a duty of consultation with the other
parent to inform them prior to any decision being made. However, it is
quite common that one parent will have the decision making authority
to avoid a situation where the parties will become deadlocked and
can't reach a decision.
The other aspect of child custody law is the physical custody. This
determines where the child will physically be living. Sole physical
custody means the child will be primarily with one parent and will
have visitation with the other parent. On the other end is true joint
physical custody where the parents have equal time with the children.
There may be other possibilities for physical custody.
Physical Custody is always open to disputes as each parent will want
to fight for their own right first and foremost. However, the law will
need to look at the best interest of the child first. However, the
best interest of the child may not be easily defined in real life and
what seems best to one party may not appear so to be to another
party. .
The court will try to be fair to both parents but more often than not,
equal time between parents is usually not possible or practical and
one parent will have to make the sacrifice. I believe that parents
should also accept that the needs of the child come first and not to
focus only on what they themselves want. Too often parents focus only
on why the other parent should not have custody and they fail to see
their own shortcomings.
Emotions can run high in child custody disputes but in the end, the
actual decision on each case must be based only on the facts of that
case itself. Parents should avoid comparing custody cases of other
people that they deem similar.
When there is an inevitable divorce, it is most important that parents
work out a custody arrangement first, setting out how the parties will
approach custody and visitation time with their children. Although the
Courts can order a custodial arrangement, agreements reached directly
between the parents will have the best chance of working out than
those enforced by the Court in the event of legal disputes.
Even if you have hired an attorney, it is wise to read up regarding
child custody law yourself. There are many very good books written
solely for mothers and fathers in child custody cases and they are
written in very easy and readable format. Check out this site.