Child Custody

What is child custody?As long as there is no evidence of misconduct on the
Child custody and guardianship refers to the practicalpart of either parent, their rights to child custody are
and legal relationship between a parent and his child,considered equal. For this reason, the parent's history,
which includes caring and making decisions for themental state, financial capability and relationship with
child. The concept of the terms 'custody' 'access' orhis or her child will be considered when the court has
'visitation' have now been replaced by 'residence' andto make a decision.
'contact'. Instead of the courts stating that a parentIn the case of married parents filing for custody or
has 'custody' of a child, the child is now being said todivorce, legal custody of their child or children will be
'reside' with that parent.automatically shared between them, albeit
Child custody is an issue that typically rises fromtemporarily. Sole legal custody to one parent will only
incidents such as divorces, annulments and legalbe awarded if the court finds evidence that it is really
actions that involve children. Common statutoryfor the child's best interests.
provisions state that the child born within a marriageThe court may also schedule specific periods to be
will get the joint guardianship of the parents and thefollowed by both parents, depending on the needs of
right of either parent to the child's custody after theirthe child. Older children and those in their teens may
separation is equal.need longer time spent with each parent and don't
However, the issues involving residence and contactrequire frequent shifts between guardians. Younger
will be determined based on what the courts see aschildren, on the other hand, may need shorter and
the most positive for the child's interests. In fact,more frequent periods spent with each parent.
legal professionals are already referring to custodyIssues that may affect a parent's request for child
and visitation as 'parenting schedule' in order tocustody
remove any negative connotations about theSome issues will be considered by the court as
distinction between the parent who gets childevidence that a parent is unfit to have custody of his
custody and the parent who does not.or her child, including use of alcohol, drugs and illegal
Who decides?substance, mental disorder, desertion, unwillingness or
Most laws regarding child custody are state laws. Ininability to participate in the child's care and family
case of a divorce, it is the court which has jurisdictionabuse.
over the proceedings who will determine whichBoth past and present evidences of abuse or neglect
parent or guardian gets child custody. In most cases,will be considered by the courts to determine which
parents with children under 18 years of age will beparent is best suited to have custody of the child.
required to file for custody in case of divorce orHowever, this presumption is rebuttable and the
annulment. For children under 21, both parents will beabusive parent may challenge it in the court if he or
mandated to provide support following the Childshe so wishes.
Support Standards Act.For a child with unmarried parents, it is the mother
Who gets custody?who automatically gets custody unless a family court
Child custody is determined on the basis of what thedecides otherwise. If the court finds evidence that
court deems 'in the best interests' of the concernedthe parents can perform joint responsibility and can
child or children. In cases of parents or guardiansboth provide for the child's best interests, both
separating, the court will decide on which parent willparents (if they agree) may be awarded with shared
be better able to provide for the child's needs. Childphysical or shared legal custody.
custody proceedings are child-centered and theBob Janeway is owner of which is an up-to-date child
standards for custodial awards are designed for thecustody information site.
protection of the child.