| Child custody laws vary according to jurisdiction, but | | | | government. |
| most states and provinces follow a basic set of | | | | The current trend in child custody law is a preference |
| concepts designed to be fair and equitable and | | | | by courts to award joint custody to parents, based |
| protect the interests of the children. | | | | on the reasoning that having access to both parents |
| If you’re a party in a child custody action, | | | | is in a child’s best interest. In most applications of |
| understanding child custody laws and their application | | | | child custody law, joint custody means that each |
| is important to ensuring a favorable outcome for you | | | | parent shares equally in the decision making process |
| and your child. You may have retained counsel in your | | | | and tax benefits are also equitably shared. |
| child custody action, but a basic understanding of the | | | | In child custody law, when a court awards sole legal |
| law will make you an informed participant in the | | | | and physical custody to one parent, the non-custodial |
| proceedings and help you ensure your attorney is | | | | parent is awarded visitation rights. These rights may |
| acting with due diligence. | | | | be extensive or limited according to the |
| The intent of child custody law is to reach a decision | | | | circumstances of the case. A strong presumption in |
| in "the best interests of the child." A child custody | | | | child custody law exists toward awarding visitation |
| decision in "the best interests of the child" demands | | | | rights to non-custodial parents, however, courts may |
| consideration of the wishes of the parents, the child, | | | | impose restrictions on visitation by non-custodial |
| as well as the child's relationship with each parent, | | | | parents. Visitation can range from several weeks and |
| their brothers and sisters, and other influential | | | | months of unsupervised time with your children to |
| persons. Other factors considered are, the child's | | | | supervised visits every other weekend. |
| home environment, school, and community, and the | | | | Cases in which child custody law would deny visitation |
| parents’ physical and mental well-being. | | | | rights often include non-custodial parents who have |
| In child custody law actions, the court determines | | | | abused the child or noncustodial parents severely |
| which parent should have physical and legal custody | | | | suffering from a mental illness that could negatively |
| of the child or children who are the subject of the | | | | impact the child. Non-custodial parents who are |
| action. | | | | incarcerated or who have a prison record are not |
| Physical custody means that a parent has the right | | | | automatically denied visitation rights, however. |
| to have a child live with him or her. Many states’ | | | | In addition to physical and legal custody and visitation, |
| child custody laws prefer to award joint physical | | | | child custody law also determines whether a custodial |
| custody to both parents, allowing children to spend | | | | parent can move far away and take the child with |
| equal amounts of time with each parent. | | | | him or her. Child custody laws in many jurisdictions |
| In child custody law, legal custody refers to the right | | | | require custodial parents to notify and gain the |
| to make decisions about a child’s upbringing, | | | | agreement of the non-custodial parent before he or |
| which includes decisions about the child’s | | | | she can relocate to another place far way. Part of a |
| education, religion and medical care. Parents with legal | | | | relocation agreement could include increased visitation |
| custody of their children also receive any tax | | | | or decision-making rights for the non-custodial parent. |
| benefits awarded to parents by state and federal | | | | |