Child Custody Rights
The issue of child custody can be a stick one at best, and often can have huge emotional ties that can affect both the child in question and the parents of the child. Child custody rights are assigned by the courts in cases of divorce, paternity and other legal situations involving the well-being of the minor. The majority of child custody rights cases have traditionally favored the biological parents, except when the parents themselves are the cause for concern in the case. Custody rights must always put the best interest and well-being of the child first and foremost. Unfortunately, with most child custody cases the political and emotional ties often overshadow the needs of the child. Custody rights set forth through court order whowill have legal and physical custody of the child. They may also set forth child support payments when appropriate.
Custody may be held by only one parent exclusively or jointly by point parents. In some cases the child may be appointed to a legal guardian for custody when the parents are not available or are otherwise unsuitable for providing for the child's well-being.
In the past, most child custody cases strongly favored the mother when it came to assigning custody rights. Although this bias is still held by some courts today, more often than not the courts attempt to evaluate all the factors involved in the case and do what is best for the child. They understand that most children will grow up to be better suited adults when they have the presence of both a strong father and mother.
According to court statistics, in 70% of the child custody cases primary custody rights are usually granted to the mother. Less than 10% of primary custody rights are awarded to the father, historically. In about 20% of the cases joint custody will be awarded where both parents will share in the well-being and responsibility of the child.
When a child custody case goes before the judge they will take several factors into account before making a decision on custody. Courts often look at the financial, criminal and background history of both parents. They will often consult with child psychologists who will talk with the child to find out how they feel about the situation. If the child is old enough they may also speak before the court and give their input on whom they would like to live with.
Custody of a child involves much more than merely who the child will get to live with. It also involves several legal and custodial related issues. These issues can include such items as health care, educational choices and religion. They can also expand out into what area of the country will the child live in, and how often the child is allowed to visit the parent who does not hold primary custody. The entire process can be long and complicated, and most courts prefer that the parents be active in the process instead of relying solely on the court to make a decision.
For more information on child custody right as they apply to your state you should refer to your state family support division who can provide information on the rights that are determined for the child in the court or by mediation process.