Child custody laws are federal and state laws that govern a parent's authority to create decisions about the children and maintain physical control of the children. They also include visitation rights of the non-custodial parent.
These laws exist to help provide structure in the relationships between children and divorced parents. The best thing parents can do is agree when it comes to the children and share custody. But when the parents cannot get along, they tend to put the children in the middle of all of it. That is another reason why there are custody laws. Child custody laws can also apply to unmarried parents, when they are claiming a biological relationship to the child, or when the grandparents question the competency of the parents. In some cases the custody is given to people that are not related to the children, i.e. foster parents.
In cases that neither parent is deemed "fit" to take care of the kids, the court can give custody to an individual or individuals that are related to the kids. This is an example where the child custody laws would pertain to the grandparents. But the courts usually want to maintain custody with the biological parents, if at all feasible. A state court can only make a ruling on custody if it is the children's home state; there's a significant connection to people (grandparents, buddies, and teachers) in that state; or if the child would be in danger in an additional state (i.e. abuse, neglect, or other harm).
Child custody laws and custody decisions favor a parent that can spend the most time with the child. The judges look at what is in the best interest of the children when deciding custody. There are a number of factors to consider when they are looking at the best interest of the children. Some examples are: the ages of the children, the mental and physical health of both parents, what the children already have established (school, church, and home), the ability of each parent to provide the necessities, the children's preferences, and amongst other things.
Child custody laws were put in place to ensure the very best interest of the children, but the final decision doesn't usually turn out that way. Occasionally the parent with the much better attorney gets awarded custody. And some parents will falsely prove their capability to take care of the kids by painting the other parent in a poor light. Custody evaluators can help with performing psychological evaluations of the parents and the children in order assure custody is location with the appropriate parent. The evaluators are usually appointed by the court.
These laws exist to help provide structure in the relationships between children and divorced parents. The best thing parents can do is agree when it comes to the children and share custody. But when the parents cannot get along, they tend to put the children in the middle of all of it. That is another reason why there are custody laws. Child custody laws can also apply to unmarried parents, when they are claiming a biological relationship to the child, or when the grandparents question the competency of the parents. In some cases the custody is given to people that are not related to the children, i.e. foster parents.
In cases that neither parent is deemed "fit" to take care of the kids, the court can give custody to an individual or individuals that are related to the kids. This is an example where the child custody laws would pertain to the grandparents. But the courts usually want to maintain custody with the biological parents, if at all feasible. A state court can only make a ruling on custody if it is the children's home state; there's a significant connection to people (grandparents, buddies, and teachers) in that state; or if the child would be in danger in an additional state (i.e. abuse, neglect, or other harm).
Child custody laws and custody decisions favor a parent that can spend the most time with the child. The judges look at what is in the best interest of the children when deciding custody. There are a number of factors to consider when they are looking at the best interest of the children. Some examples are: the ages of the children, the mental and physical health of both parents, what the children already have established (school, church, and home), the ability of each parent to provide the necessities, the children's preferences, and amongst other things.
Child custody laws were put in place to ensure the very best interest of the children, but the final decision doesn't usually turn out that way. Occasionally the parent with the much better attorney gets awarded custody. And some parents will falsely prove their capability to take care of the kids by painting the other parent in a poor light. Custody evaluators can help with performing psychological evaluations of the parents and the children in order assure custody is location with the appropriate parent. The evaluators are usually appointed by the court.
About the Author:
The writer has been in the field of custody laws for a long time and maintains a website about child custody advice where you can get answers to the rest of your questions.. This article, How Child Custody Laws Affect Your Children is available for free reprint.
