The main goal when a marriage ends and children are involved is to protect the rights of each child. If you have children and they are under the age of 18, it is up to you and the courts to make the proper decisions regarding their care.
You might have heard the trend child custody or visitation rights or even a parenting schedule that surfaces. This is basically the guardianship that will take place when the parents are no longer together.
No matter how ugly your divorce gets, it is important to understand that a child custody law will consider your children having the other parent in their life. So always make sure the children come out on top.
Where the children live after the divorce is the most common issue that arises. In the united states there is a standard in regards to the child’s best interest which helps to determine who will be the primary caregiver. This is something that some states use if there is a doubt that one of the parents will not act in the best interest of their child.
Each child custody law is helpful, but it can be hard to protect the children if the parents are at each other constantly. In fact, some parents even tell their children bad things about the other parent in order to turn the child against that parent.
There are other cases where allegations will be made that a parent is abusive or play games to disrupt visitation with the non-residential parent. Then of course the extreme is when a child or children are purposely removed from the state so they cannot have contact with the nonresident parent.
All of these issues contribute to why child custody laws exist today. This way many of these scenarios are never played out.
Over the years the courts have recognized how younger and older children relate to divorce while living without both parents. Younger children seem to relate better when they have shorter meeting times, but over more frequency.
The older ones are able to handle longer durations, but fewer exchanges throughout the month. Even though this is considered a standard by many courts dealing with child custody cases, you probably won’t see them become part of any child custody laws.
Basically the laws state that each parent will have equal rights and guardianship of the children if they were born to them during the marriage. Whichever court is in the jurisdiction will have the task of deciding how the child’s custody arrangement will work.
The parent who ends up with control will make the decisions for the child’s education, health care and religious affiliation. If by chance there is a legal separation, the court can appoint temporary custody until everything is finalized.
Usually one parent ends up with exclusive custody. If by chance the ruling is joint custody, both parents are relied upon to perform their duties as parents almost as if they were still married. However, when you look at each child custody law, there are occasions where a grandparent or close relative can seek custody. In the end though, it all comes back to what is best for the children.