Child Custody
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Child Custody InformationWhat is child custody? When a couple with children divorces or separates, it must decide which parent will have child custody, or who will take care of the children. In many states, child custody includes legal and physical custody, although both types will not necessarily be awarded to one parent and can be split. Legal custody is the right to make decisions regarding the child’s upbringing—including schooling, medical care, and religious education. Physical custody determines the children’s living arrangements. In cases where parents cannot agree on who will have child custody, the court will intervene, awarding it to the parent that can provide the most stable, healthy environment for the children. What are the types of child custody? While child custody typically includes legal and physical custody, decisions must be made as to how those responsibilities are divided among parents. When a parent is awarded sole custody, he or she is assigned sole legal and physical custody of the children and must make all decisions regarding the children’s welfare. In many—but not all—cases, the noncustodial parent is in turn awarded visitation rights. If a court orders joint custody, of which the stipulations are determined on a case-by-case basis, parents may share legal custody, physical custody, or both. Both parents may actively make legal decisions for their children (to varying degrees, depending on their personal arrangements or the court’s decision), and children will live with each of their parents on a rotating basis. The most rare custodial arrangement is bird’s nest custody, during which the children reside in the family home but the parents take turns moving in and out and share legal and physical custody. What are visitation rights? Visitation rights allow noncustodial parents to visit with their children. Often, when a court grants visitation rights, parents are free to work out their own visitation times and places—but usually, the custodial parent has more control over scheduling because he or she is not legally obligated to agree to any specific schedule proposed by the noncustodial parent. Sometimes, when there is hostility between parents, a court might order fixed visitation. Fixed visitation predetermines times and places that the noncustodial parents may meet with their children, such as every other Friday evening. In cases where the noncustodial parent has a history of abusive behavior towards either the custodial parent or the children, the court may order supervised visitation. In such a case, the noncustodial parent may visit the children only when another adult—who is appointed by the court or decided upon by the parents but approved by the court—is present. Are grandparents or other family members granted visitation rights? Currently, courts will order visitation rights only for noncustodial parents. However, grandparents’ visitation rights have been a controversial topic since 1998, when President Clinton passed the Visitation Rights Enforcement Act. According to the act, when a child's guardian moves out of state, his grandparents may visit him in the new state as long as they had visitation rights in the old one. |
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