Child Custody By Zed Miller At Isnare.com Ezine Articles

When a couple files for divorce, the court decides the guardian of the child who is under 18 years of age. The decision regarding child custody is often a sensitive issue and need to be taken with a lot of care. In most cases, the custody is handed over to one of the parents but in case both the parents are not in a position to look after the child, the custody goes to a relative or orphanage.

For a parent, the most precious thing is his/her child. A parent would seek help of the best attorney to be with his/her child forever. An expert attorney can guide you the best in protecting your rights.

An attorney has a vast experience in dealing with child custody cases. A number of intricacies are involved in such cases that require expert handling that an attorney can provide.

Under the Federal Law, there are five types of child custody:

1. Legal Custody: Under the legal custody, the parent has the right to make decisions regarding the schooling, medical and dental care of the child. In many states, the courts award joint legal custody to the parents. Under the joint legal custody, the decision-making is shared between the parents. Under a joint legal custody, in case one parent takes decision regarding the child without the consent of the other, the other parent might ask the judge to enforce the original custody agreement.

2. Physical custody: It is the right of a parent lives with the child. In some states, there are arrangements where the child spends approximately half the time in each parent’s home. The latter arrangement is considered only when there is amiable relationship between the parents.

3. Sole Custody: Under Sole Custody, the custodial parent has physical custody and legal custody of a child, and that the non-custodial parent has only visitation rights.

4. Joint Custody: Parents who live separately can opt for a joint custody, i.e., if they agree.

5. Bird’s nest custody: Bird's nest custody is a joint custody arrangement where the children remain in the family home and the parents take turns moving in and out.

Factors in Determining Custody

While deciding for a child’s custody, the court gives maximum importance to the child’s best interests. The factors on which the decision regarding a child’s custody is taken are:

1. The child’s age, gender, mental and physical health

2. The parent’s mental and physical condition

3. The lifestyle and other social factors of the parents

4. The emotional bond between the child and the parent

5. The parent’s ability to guide the child

6. The parent’s ability to provide the child with food, shelter, clothing and medical care

7. The child’s established living style

8. The quality of the school attended by the child

9. The child’s preference, i.e., if the child is above a certain age (usually 12)

10. The ability and willingness of the parent to foster healthy communication and contact between the child and the other parent.

11. The willingness of a new spouse to accept the child

12. Physical or mental handicaps that affect the child's well-being

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