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| 'visitation' have now been replaced by 'residence' and | | | | his or her child will be considered when the court has |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