What is Child Custody and How is it Determined?

Child custody is one of the most complicated areas in family law. It aims to make the right decisions to create the best arrangement for a child following the parents’ divorce. There is much to consider, including visitation schedules, child support, living arrangements, decision-making, and how to finalize these compromises legally. Situations can get highly emotional, but lawyers can make objective decisions that prioritize the emotional and physical needs of the child.

Child custody laws according to state

Child custody agreements are under family law, a type of civil case governed by state laws. This means that custody determinations will always meet a child’s best interest but only if it is within what state laws dictate. For instance, Alabama courts allow joint custody and follow the child’s wishes.

In Colorado, they use ‘parental responsibility’ and always make decisions based on the child’s best interest. Moreover, the best child custody lawyer in Denver will always try to avoid litigation because the judge, who has spent no time with the family or child, may not make the best decision simply based on facts provided in court.

Categories of parental rights in child custody

Child custody cases consist of two categories—legal custody and physical custody. Child custody arrangements usually determine which parent gets legal and physical custody of their minor child. If both parents are cooperative, another option would be joint custodial rights. See further explanation of each category below.

1. Legal custody or decision-making

Legal custody gives the parent the right to make big decisions throughout the child’s life. These decisions include schooling, medical care, religion, and extracurricular activities. For instance, if the arrangement grants the mother legal custody, she can decide for her child without consulting the father.

Some arrangements grant both parents joint legal custody if they have shown civility and maturity despite ending their relationship. Joint legal custody means they can consult with each other and agree on major decisions for the child. The arrangement can also be flexible by dividing the decision-making, for instance, by granting the mother decisions regarding school and religion. On the other hand, the father decides on medical care and extracurricular activities.

2. Physical custody or residential parental responsibility

Arrangments can grant physical custody to the parent the child will live with. This custodial right allows that parent to make daily decisions regarding the child’s daily welfare. In this case, the other parent will be granted visitation rights and scheduled time together with the child. 

However, sole physical custody is not the default option, even in court. Lawyers will always prioritize arrangements for shared physical custody to give both parents a fair chance to spend quality time with the child. Sole custody is only granted to one parent if the other is mentally, physically, economically, and emotionally unfit to care for a child.

The law can also grant joint physical custody. This means that both parents are granted physical custody, a shared parenting arrangement where the child spends equal time with both parents on a given schedule. For instance, the child can stay with the father for two to three weeks and alternately with the mother for the same amount of time.

Litigation in family court

In instances wherein one or both parents refuse to cooperate in making child custody arrangements, the last resort would be to bring the matter to court for litigation. This usually happens when one parent expresses hostility which hampers the negotiations. In this case, the court will make the final decisions that will serve the child’s best interest.

A good family lawyer knows that litigation is not the best way to decide on a child’s welfare. The judge does not know the child and the parents and will make the most objective decision based only on facts presented in court. That is why a good family lawyer will try to serve as a mediator as long as negotiations are still possible.

Takeaway

When arranging for child custody, the best lawyer to get is one who operates within the same state because the lawyer will be familiar with local state laws on child custody. It is crucial to get one who has a good background and experience with litigation because these types of highly emotional cases can sometimes end up in court. However, a good family lawyer understands that bringing the matter to court is the last option and should strive to settle both parties to protect the child’s best interest.