What is Child Custody law?
Child custody law often overlaps with divorce law. It defines the legal rights and responsibilities of a parent or guardian to care for, supervise, educate, and make decisions for a minor child.
Courts handle custody issues in several situations: when a married couple with a minor child files for divorce; when unmarried parents cannot agree on custody; when a court or state agency declares a parent or guardian unfit or dangerous to the child’s well-being; or when one or both parents are absent or deceased.
Custody doesn’t apply only to a child’s parents. Courts can also grant it to other family members, foster parents, group homes, or certain organizations and institutions.
Two Main Categories
Child custody falls into two main categories: legal custody and physical custody. Each may be sole or joint.
Legal custody concerns the right and duty to make major decisions about the child’s life—such as education, healthcare, and overall welfare—rather than where the child lives. When parents share joint legal custody, they must communicate and cooperate to make these decisions together.
Physical custody determines where the child lives, how long the child stays with each parent or guardian, and who handles daily care and activities. In joint physical custody, the child spends time living with both parents or guardians.
This time doesn’t have to be split equally. The arrangement can follow a specific plan agreed on by the parents or one set by the court, including shared financial responsibilities for raising the child.
The Child Comes First
Every state bases custody decisions on the best interests of the child.
Although the exact factors differ from state to state, courts favor arrangements that support the child’s well-being. When parents or guardians cooperate and reach an agreement, judges often approve joint legal and/or joint physical custody.
If one parent or guardian receives sole physical custody, the court typically grants the other parent visitation rights, such as weekends, holidays, vacations, and other agreed-upon times.
Courts may modify custody arrangements if circumstances change and the child’s best interests require it.
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