In cases of divorce, separation or paternity the court of jurisdiction, often the district court will detemine the child custody arrangements. In most states, if parents have children together during their marriage they will be awarded joint responsibility for the child. In most cases, parents will have an equal right to the custody of the child.
Decision relating to the child's education, healthcare, religious upbringing and social activities will be assigned to parents based on the custody awarded by the courts. There are several types of custody arrangements. During the divorce or separation a temporary custody order may be issued to serve as a temporary plan until the decree has been issued.
Joint custody relationships give parents the ability to share their duties as parents. Although the custody may be shared, decision making and physical custody may not necessarily be 50-50 or equal. A parent may request exclusive or sole custody of the children, but it is up to that parent to show that joint custody or shared custody is not in the best interests of the children. It is also possible for a third party such as a grandparent to be given custody for the children if it is in the children's best interests. In any custody arrangement, the courts will attempt to keep siblings together so that they can provide emotional support to one another.
You will hear the term "best interests of the child" used fairly regularly throughout the legal proceedings. The best interests of the child is often based upon the overall physical and mental well being of the child, their needs and wants, the needs and wants of the parents, the age of the child, the child's comfort at home and at school, as well as the relationships the child has with their siblings and parents. Here are some other considerations:
- the parent's lifestyle and other social factors, including whether the child is exposed to second-hand smoke and whether there is any history of child abuse
- the emotional bond between parent and child, as well as the parent's ability to give the child guidance
- the parent's ability to provide the child with food, shelter, clothing, and medical care
- the child's established living pattern (school, home, community, religious institution)
- the quality of the child's education in the current situation
- the impact on the child of changing the status quo, and
- the child's preference, if the child is above a certain age (usually about 12).
The OurFamilyWizard website can be a tremendous tool in assisting parents and children with managing their custody relationships. The sit
e can help with coordinating schedules and activities, managing family information and sharing expenses related to the child.
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