Child custody is defined as the legal right given to a parent to make major decisions on behalf of a child, including living arrangements and medical choices. When couples separate or divorce, child custody is often determined by the court, who may also assign visitation rights to the non-custodial parent.
Types of Custody
There are two main types of child custody that are typically determined by the court: physical and legal custody. Physical custody relates to the primary residence of the child and the custodial parent’s ability to control the child’s daily activities, such as schooling and living arrangements. Legal custody defines the parent’s right to make decisions on behalf of the minor child, such as medical, religious and personal well-being.
Joint or Shared Custody
In some cases, both parents may be granted joint or shared custody, allowing them to share physical custody as well as legal custody jointly. When joint or shared custody is a viable option to both parties, the court will typically grant it, allowing for both parents to be actively involved in the child’s wellbeing.
Best Interests of the Child
When deciding custody, the court looks to the “best interests of the child.” This means the court looks to the mental, physical, and emotional needs of child when determining the custodial parent, or parents if joint custody is awarded. Factors include the amount of time the non-custodial parent is able to spend with the child, financial stability of each parent, relationship between the child and parents, and the child’s preference, depending on their age.
Child Custody Tactics to Keep in Mind
If you find yourself in a custody dispute, there are a few tactics to keep in mind to ensure the best outcome. Give the court sufficient notice of any custody hearings; remember, the best interest of the child is the primary focus for the court; take measures to ensure a strong parental relationship for the child; and, most importantly, be prepared to lose your case if you do not demonstrate the best interests of the child.
Conclusion
Child custody is a complex issue that can be difficult to navigate. When working through child custody cases, it is important to understand the types of custody, joint custody, and the concept of the best interests of the child. It is also important to understand the right tactics to ensure you give yourself the best chance of winning.