Divorce - Child Custody
When the parents divorce, the court that oversees the divorce proceedings also decides which spouse shall have custody of the children. Under the common statutory provision, if the spouses have children together while married, the parents have joint guardianship over that child and the parental rights are equal. Thus, each parent has an equal right to the custody of the child when they have separated.
The parent with custody controls the life decisions regarding the child’s education, religious upbringing, health care etc. There are several types of custody depending on which state you live in. Temporary custody grants custody of the child to on parent during the divorce or separation proceeding. Exclusive custody gives a single parent with all custody rights to the exclusion of the other parent. The non-custodial parent may receive supervision rights or supervised visitation rights. Another method the court may grant is joint custody. Here, the parents equal rights in making decisions regarding the child’s upbringing. Courts award joint custody for cases in which both parents can properly perform their duties as parents. Also a court can award the custody of a child to a third-party if the third-party has sought custody. The third-party is often a grandparent or other close relative. If a marriage results in multiple children, a court has the authority to separate the children and split the custody between parents when it is in the best interest of each particular child.
When determining the home in which to place the child, the court decision is based in “the best interests of the child.” A decision in “the best interests of the child” requires considering the wishes of the child’s parents, the wishes of the child, and the child’s relationship with each of the parents, siblings, or other persons that may impact the child’s best interests. These interests include the child’s comfort in his home, school, and community, and the mental and physical health of the involved individuals.
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