Child Custody Lawyers

What is child custody?

Understand the different issues in child custody

What is child custody? The answer depends on what type of custody you're talking about. Understanding the different forms custody can take is a key part of dealing with custody issues.

Definition of child custody

Child custody refers to the legal right to do one or both of the following:

• Have your child live with you. This is referred to as physical custody.
• Make decisions about your child’s life (schooling, religion, medical care, etc.). This is called legal custody.

The two parts are separate, and each can be part of either joint (shared) or sole custody. These days, courts tend to prefer joint custody when possible.

While custody is a court-ordered arrangement, the court doesn’t necessarily have to make all the decisions. Courts will often approve an agreement the parents have worked out if it meets the child’s needs.

Custody and the child’s best interests

No matter who decides the custody details, they're supposed to be in the best interest of the child. This means figuring out how to provide the most stable, nurturing environment possible.

To do this, the courts may consider things such as:

• Who can been most involved with child care
• Any special needs the child has
• How much time each parent has to care for the child

Courts may also order evaluations of each parent’s home environment and their plans for the child’s care.

When is child custody an issue?

Child custody most commonly comes up during the divorce process. A custody agreement will usually be part of the final divorce decree.

But custody issues can also come up in other situations, such as:

• One or both parents are declared unfit
• One parent’s new live-in partner is potentially dangerous to the child
• Someone close to the child questions the fitness of his or her current situation
• The parents never married and are now separating

In cases involving unmarried parents, a mother automatically has custody over her children. Unmarried fathers' rights will depend more on state law. Often, they'll need a formal custody agreement to protect their rights to raise their children.

That said, an unmarried father may have priority over other family members for custody if the mother can’t care for the child.

Jurisdiction and child custody

Before a court can decide a custody case it has to have jurisdiction—the legal authority to make a ruling. This usually means the child has lived within a certain geographic area for a certain amount of time.

If you move to a different area, things may get more complicated. The court where you originally filed will have something called "original jurisdiction." Under the Uniform Child Custody Jurisdiction Act (which applies to every state), the court where you moved to cannot accept jurisdiction without permission from the original court.

You may want to talk with a lawyer to help you understand how the laws in your state will affect your specific case.

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