What is Involved in a Child Custody Proceeding? By Jannelle Zawaideh At Isnare.com Ezine Articles

Child custody is the term that is used to describe the legal and practical relationship between a parent and child. It is the legal term which means that particular parent is able to make decisions for the child and it is the parent’s duty to care for the child.

There have however been some changes regarding the terms which are used when it comes to child custody cases. A prime example of this is the Nations Convention on the Rights of the Child have declared terms such as ‘custody’ and ‘access’ as outdated so you may, in some cases see these terms referred to as ‘reside’ and ‘contact.’

Issues regarding who is granted custody and contact of a child are the most pressing when they are involved in a divorce proceeding, annulment or other legal process. In cases such as this a decision needs to be made regarding who the child will have their main point of residence with and what type of custody is granted. These decisions can often involve a lengthy court battle but however the decision is made it will only be made with the best interests of the child in mind. So what are the different types of custody that are available?

There are two main types of custody when it comes to child custody involved in divorce; these are exclusive and joint custody. Both of these are pretty much self explanatory. In exclusive custody a court will award the custody of a child to one parent. It is this parent that the child will reside with and have the most contact with. In cases of exclusive custody that parent that it is granted to is the one that makes most of the decisions involving the child. The parent who isn’t granted exclusive custody may receive supervision rights or in certain cases, supervised visitation rights. This basically means that they will be able to see their child but only on certain days and at certain time, again these times will generally be decided by the parent with exclusive custody but will be done in a way so it fits in with when the non-custodial parent is free as well.

In cases of joint custody both of the child’s parents will be granted equal rights when it comes to the decision making regarding a child’s upbringing. Courts award joint custody for cases in which both parents can properly perform their duties as parents. There are cases however when joint custody has been awarded, where one parent will try and sue for exclusive custody. Even though this is within your rights, it will only be considered if you can prove that this is in your child’s interest. The courts will only make their decision of custody based on what is best for the child.

When deciding on what is best for a child, aspects such as the wishes of the parents, the wishes of the child and the child’s relationship with each of their parents as well as their siblings are taken into account. Also aspects such as the child’s comforts in their home, school and community as well their mental and physical health is taken into account when it comes to deciding what custody should be awarded.

No decision about child custody will be made without looking into factors that will affect the child. Whatever custody that is awarded will be done for the best interest of the child that is involved. A divorce is hard enough on children; the last thing that anyone wants in these situations is to add extra hurt, upset and pressure on a child.

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