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| 'visitation' have now been replaced by | | | | financial capability and relationship with |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