When parents separate or divorce, the term "custody" often serves as shorthand
for "who gets the children" under the divorce decree or judgment. In 20 states,
custody is split into two types: physical custody and legal custody. Physical
custody refers to the responsibility of taking care of the children, while legal
custody involves making decisions that affect their interests (such as medical,
educational and religious decisions). In states that don't distinguish between
physical and legal custody, the term "custody" implies both types of
responsibilities.
Child Custody FAQ
What factors do courts take into account when deciding who gets custody of the
children?
Almost all courts use a standard that gives the "best interests of the child"
the highest priority when deciding custody issues. What the best interests of a
child are in a given situation depends on many factors, including: ...
read more...
Child Visitation FAQ
What does "reasonable visitation" mean?
When a court determines the visitation rights of a noncustodial parent, it
usually orders "reasonable" visitation, leaving it to the parents to work out a
precise schedule of time and place. This allows the parents to exercise
flexibility by taking into consideration both the parents' and the children's
schedules...
read more...
Parenting Agreements
If you are divorcing and you have kids, the most important task ahead of you is
to make an agreement with your spouse about custody and visitation. No matter
how angry you may be or how difficult your communication with your spouse is,
put your children first and do everything you can to make decisions together
with your spouse, rather than letting a judge or court evaluator make them for
you. Factors you should consider in writing your agreement include:
• custody and living arrangements
• visitation
• financial issues
• education
• medical care
• religious training
• holidays
read more...
Child Custody FAQ
• What factors do courts take into account when
deciding who gets custody of the children?
• If one parent moves out and leaves the kids with
the other parent, does it hurt the moving parent's chances of getting custody at
a later date?
• Are courts more likely to award custody to mothers
than to fathers?
• Does custody always go to just one parent?
• Are there special issues if a gay or lesbian parent
is seeking custody or visitation rights?
• Is race ever an issue in custody or visitation
decisions?
• Who determines how much visitation is reasonable
and fair?
• Is mediation is the best approach to solving
disagreements about child custody?
• What factors do courts take into account when
deciding who gets custody of the children?
Almost all courts use a standard that gives the "best interests of the child"
the highest priority when deciding custody issues. What the best interests of a
child are in a given situation depends on many factors, including:
read more...
Child Custody and Religion
When parents of different faiths separate, they don't always agree on whose
religion the children will follow. With increasing numbers of interfaith
marriages and high divorce rates, this topic has recently been argued in
courtrooms across the country. The results? A hodgepodge of decisions that lack
national uniformity, leaving parents at the mercy of a court's discretion.
read more...
Grandparent Visitation Rights
Grandparents, stepparents, and other caretakers often form deep and loving
attachments with the children in their lives. Yet when death, divorce, or
estrangement tears families apart, these caretakers may find themselves without
any legal right to maintain contact with the children they love.
read more...
CRCkids.org
CRC works to assure a child the frequent, meaningful and continuing contact with
two parents and extended family the child would normally have during a marriage.
We work to strengthen families through education, favoring family formation and
family preservation. Unlike many other organizations with some of the same
concerns, CRC is genderless; we are not a women's group nor a men's group.
Rather, we advocate what we believe to be in the best interests of children
including the Children's Bill of Rights.
read more...
Types of Child Custody
NoLo – Your Legal Companion
Learn the difference between legal custody, physical custody, sole custody, and
joint custody.
Physical custody means that a parent has the right to have a
child live with him or her. Some states will award joint physical custody to
both parents when the child spends significant amounts of time with both
parents…
Legal custody of a child means having the right and the
obligation to make decisions about a child's upbringing…
Sole Custody: One parent can have either sole legal custody or
sole physical custody of a child…
Joint Custody: Parents who don't live together have joint
custody (also called shared custody) when they share the decision-making
responsibilities for, and/or physical control and custody of, their children…
read more...
Pros and Cons of Joint Custody
Joint custody has the advantages of assuring the children continuing contact and
involvement with both parents. And it alleviates some of the burdens of
parenting for each parent.
There are, of course, disadvantages:
• Children must be shuttled around.
• Parental noncooperation or ill will can have
seriously negative effects on children.
• Maintaining two homes for the children can be
expensive.
If you do have a joint custody arrangement, maintain detailed and organized
financial records of your expenses. Keep receipts for groceries, school and
after-school activities, clothing, and medical care. At some point your ex may
claim she or he has spent more money on the kids than you have, and a judge will
appreciate your detailed records.
read more...
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