Child Custody in Divorce - The Basics

Child custody in divorce cases is based on a number of factors. These factors include federal and state laws, as well as the wishes of the parents. In some cases, even the wishes of the children are considered when deciding which parent gets custody and when. It is essential to know how child custody is determined when handling children and divorce.

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In order to quality as a potential custodian of your children you need to qualify as a legal parent. The courts generally offer you two ways to qualify as a parent for the purposes of determining child custody in a divorce. The first way is to be the biological parent of the children in question. This can be proven by sworn statement, or if there is a question about paternity, then a DNA test can be used to determine biological parent status. The second way to qualify as a legal parent of a child is to be the legal adoptive parent of the child. To prove this you will just need to provide the court with copies of the adoption papers.

The next issue that child custody cases deal with is what type of custody is awarded to what parent. There are a variety of custody types. The first type of child custody is legal custody. Legal custody basically means that the parent has the right and responsibility to make legal decisions for the child until they become adults. Physical custody means that the parent has charge of the child and that the child lives with that parent. Physical custody can either be shared or it can be exclusive.

Before you divorce proceedings go to court you will most like need to work with your former spouse to develop a parenting plan. The parenting plan will outline the child custody issues that your divorce needs to deal with. For example you will need to outline when the children will be with you and when they will be with your former spouse. It will also need to address what holidays your child will spend with you and what holidays they will spend with their other parent. The parenting plan should also outline how the children will be raised, how legal and medical issues will be decided, who will be responsible for paying for college and medical insurance and how other important decisions will be made.

In addition to federal laws and parental concerns, states also step in when it comes to deciding child custody in divorce cases. There are a lot of factors that states look at when setting up laws that govern child custody cases. The most common factor is the child’s safety. 37 states make this a top priority when deciding what parent gets physical and legal custody of their children. The next most commonly used factor by states to determine child custody cases is the child’s preference. Other factors that some states look at when deciding child custody cases include: the parent’s ability to care for their child, the type of relationship the child has with each parent, where the parent lives, the stability of the parents’ households, and the moral fitness of each parent.