Child Custody
Learning about your child custody rights can help you protect your relationship with your child. Local family laws and circumstances of your child custody case can affect any decisions made by the family court in your custody case.
A local family law attorney can further explain the types of child custody arrangements, child visitation schedules and recent updates in custody law.
Types of Child Custody
Child custody is generally categorized by a few different custody arrangements:
- Legal Child Custody: Parents make fundamental decisions regarding health and welfare for the child.
- Physical Child Custody: Physical custody refers to the child’s living arrangements.
Generally, family courts prefer to give both parents joint custody of the child. This allows both parents to continue a relationship with the child.
When parents are granted joint legal custody, each parent is given the right to make legal decisions about the child’s life, consulting each other about major decisions first. Parents with sole legal custody generally make all the decisions about the child’s life without consulting the other parent.
Joint physical custody doesn’t always mean equal. When a parent has physical custody of a child, he or she can typically make decisions about the child’s daily life without the other parent interfering.
Although some family courts encourage joint physical custody, some courts may feel it’s too disruptive for the child. Sole physical custody may be granted to one parent, while the other has reasonable child visitation rights.
Child Custody Arrangements
When considering child custody cases, most family courts prefer to grant equal child custody rights for both parents, as long as it’s in the child’s best interest. Many factors are usually considered before child custody arrangements are made, including:
- Ability of the parents to communicate and cooperate
- Relationship between the child, parents and siblings
- Number and age of the children
- The child's wishes
- Child's needs and safety
- Stability of each parent's home
- Proximity of the parents' homes
- Parents' health and financial responsibilities
- History of domestic violence
- Time spent with the child in the past
Other relevant factors may be considered, depending on the circumstances of the child custody case. A local family law attorney familiar with family law in your state can discuss with you potential guidelines that may be used to determine your custody case.
Connect with a family law attorney today.
Child Visitation
A child visitation schedule can typically be determined by the family court or by the parents – as long as the court approves it.
Some family courts will grant one parent physical child custody and the other reasonable visitation rights, allowing the parents flexibility to figure out a schedule that works the best. Reasonable is a subjective term that is left up to determination of the parents, family law attorneys and parents.
If parents can openly communicate and cooperate child visitation can help the child to continue to have a relationship with both parents. But it can create problems if there is tension between the parents.
Pet Custody
Although pets are often considered another member of the family, in most courts, pets are considered marital property – not to be handled like a child.
Instead of using state child custody and visitation laws, the family courts may refer to property division laws. Some courts may not make decisions about pet custody and leave it to family law attorneys and the owners to negotiate.
If the pet was owned and taken care of primarily by one of the owners, then typically he or she is more likely to get ownership of the pet. When determining custody of a child’s pet, the parent with primary physical child custody is usually allowed to keep the pet.
It may be possible for one party to bring a civil action against the other for possession rights of the pet. In civil pet custody disputes, the civil court may use state property distribution guidelines to determine ownership of the animal.
Protect your Relationship with your Child: Connect with a Family Law Attorney
Get legal advice about handling your child custody case by speaking with a local family law attorney.
Learn how child custody laws in your state may affect you and your child. Call 866-733-5116 or fill out a family law review form to connect with a family law attorney near you today.
Connect with a family law attorney today.
The above synopsis of adoption laws is by no means all-inclusive and is not legal advice. These laws may have changed since our last update and there may be additional laws that apply in your situation. For the latest information on adoption laws, please contact a local family law attorney in your area.