Child Custody

If you are divorcing and have children, a very important decision must be made as to who gets custody of the children. If you are able to agree on the particulars of custody, you can submit it to the court for approval. MyLegalEdge.com offers a variety of parenting plan forms that would be appropriate in your situation. However, if you cannot agree on custody matters, the court must decide this issue.

Physical and Legal Custody

Usually, physical custody is awarded to the parent with whom the child will live with most of the time. The custodial parent also shares legal custody with the non-custodial parent. “Legal” custody denotes the ability to make decisions concerning the child’s education, religion, health care, and other important issues.

Joint Custody

Joint custody allows the child to spend an equal amount of time with each parent. Joint custody requires a high degree of cooperation between both parents and courts are reluctant to order joint custody unless both parents can show this high degree of cooperation.

Split Custody

If a couple has more than one child, the court may order that one parent has custody of one or more children while the other parent gets custody of the other child. Courts don’t usually prefer to separate siblings when issuing custody orders.

Factors the Court Considers When Awarding Custody

The majority of courts will make its custody decision in the best interest of the child. The “best interest” standard does vary from state to state, but there are some common factors:

• Wishes of the child (if old enough to capably express a reasonable preference);
• Mental and physical health of the parents;
• Religion and/or cultural considerations;
• Need for continuation of stable home environment;
• Support and opportunity for interaction with members of extended family of either parent;
• Interaction and interrelationship with other members of household;
• Adjustment to school and community;
• Age and sex of child;
• Parental use of excessive discipline or emotional abuse; and
• Evidence of parental drug, alcohol or sex abuse.

Conclusion

Child custody can be a delicate and sensitive issue. Just remember that in the heat of battle with your soon to be ex-spouse, a little civility when it comes to the children would be the best course of action. One day, the children will thank you for it.