Child Custody

By Moses Wright

Divorcing parents may have a child custody agreement as part of the divorce proceedings. This agreement may have been settled between the divorcing parents were decided in the courts. The courts decide custody based on what is in the best interests of the child.

Custody arrangements determine which of the parents have the right to make decisions about the child's healthcare, education, and religious upbringing as well as the every day care for the child. Only one parent may be seeking custody in some cases. The other parent may be satisfied with visitation rights. The court proceedings can be stressful and emotional if both parents are seeking custody.

Temporary, exclusive, and joint custody are types of custody arrangements. The court may grant temporary custody to appear in for the duration of the separation and divorce proceedings until a final decision on custody is made by the courts.

When one parent has all custody rights and the other parent has none, this is called exclusive custody. If the parents are given equal rights to child custody, this is often referred to as joint custody. Joint custody is very common when both parents are able to care for the children properly.

The courts are often under the assumption that joint custody is in the best interest of the child unless evidence proves otherwise. Courts usually keep siblings together because that is considered in their best interests, but the court does have the authority to separate siblings in the custody arrangement.

When determining which custody arrangement would be in the best interest of the child, the court may consider several factors. Common factors that may play a role in the custody decision include the parents physical and mental health. The lifestyles of the parents are often considered and can even include whether one or both parents smoke because it exposes children to secondhand smoke.

If the child is at least twelve years old, the court may take the child's preference into account when making a decision on custody. The emotional bonds between the child and each of the parents may be a consideration.

Visitation is the right of the noncustodial parent according to the law. If a custody agreement does not specify visitation, it does not mean that the noncustodial parent does not have visitation rights. Visitation rights may be denied as part of a custody arrangement if the parent is considered unfit or dangerous to the child. - 29957

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