How Child Custody Is Decided In Divorce Disputes (1. Divorce & Child Custody)

By Author: Maya Lansky
Total Articles: 159
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Child custody is granted to one or both parents when a separation or divorce occurs. In 96% of all custody cases involving children, parents decide upon custody arrangement themselves. When parents cannot see eye to eye on the issue of who will be raising the children, however, the court intervenes to resolve it and makes the decision. Though some minor differences exist between states, the fundamentals of child custody law are quite consistent countrywide. There are certain issues surrounding custody decisions which affect the arrangements when left to the judgment of a court.

The interests of the child or children involved are the primary concern in custody disputes. The focus in all custody orders is the best interests of the child. Concerns that are taken into consideration are the physical health of parents and child, mental health of parents and child, which parent’s residence is more appropriate for providing the child’s home, and which parent has provided primary care to the child in the past. It also affects custody when one parent intends to move out of the court’s jurisdiction. It might be a good idea ...
... to get in touch with a Riverside Custody & Visitation Attorney if custody or visitation discussions have become heated and there is a severe difference in opinion about it. If the parent who does not retain custody objects to the custodial parent’s move, he or she has the legal right to request a change of custody.

The agreement of parents affects child custody, as well. As long as the agreement that parents come to is not detrimental to the welfare of the child, the court will approve it. Agreements such as this can be for anything from a complete custody change from one parent to the other, to changing visitation schedules, to joint custody arrangements. Couples having trouble deciding custody between themselves may benefit from a Riverside Child Custody Lawyer becoming involved in the discussion.

The preference of the child or children is also taken into serious consideration, though this varies between states. Once a child reaches a certain level of mental and emotional maturity or a certain age – most commonly set at 12 years old – the judge will consider his or her preference. States that go by maturity level often do not consider age as much, though they do determine the child’s maturity before allowing him or her to have a say in custody arrangements. Some states allow a child who is an older teenager to make the decision with which parent he or she will continue residence.

If a parent loses custody temporarily, he or she can regain custody when the circumstances causing the disruption have been acceptably resolved. This can occur when the custodial parent develops health problems preventing him or her from caring for the child properly or when abuse is alleged. When the problem is fixed or allegations are proven false, custody is restored. However, in the case of a permanent change of custody order being issued by the court, it is more difficult to regain custody. A parent who is found to have a substance abuse problem and as a result loses custody has to prove that his or her situation has changed to regain custody rights. These guidelines are in place to protect the health and safety of the child.

Riverside Child Custody Lawyer: At the Riverside Child Custody & Visitation Center, we handle all aspects of family law. Our attorneys are committed to providing you with excellent service. We will stand up for your rights and those of your children's. Visit www.riversidechildcustody-visitation.com to find a Riverside Custody & Visitation Attorney today!http://www.riversidechildcustody-visitation.com/about.html