Child Custody Rights

When it comes to child custody rights, the parents, step-parents, grandparents, or other legal guardian are the ones that are awarded custody by a judge. The judge tends to favor the biological parents who are considered suitable guardians. Custody is based on the best interests of the children involved. Child support is also configured during the same hearing.

There are different forms of child custody. There is joint custody, where both parents have custody of the children. Another is full custody, where one parent has physical custody of the children and they go for visitation with the other parent. In the past, mothers were typically favored when it came to custody. There are some family court judges that still believe in this, but will still make their decision based on what is best for the child.

In 7 out of 10 cases children usually stay with the mother. This means that custody is given to the father less then 10% of the time, and joint custody usually only about 20% of the time. In cases that do not involve neglect or abuse, parents are free to choose the division of custody, as long as a judge approves.

Parents have the right to come to an agreement on the children, as long as they can do it amicably. There is always the option of using a mediator during the discussions. A mediator is a neutral third party that helps both parents come to a decision on what is best for the children. If there are disagreements among the parents, then a judge steps in and makes a decision.

A judge looks at many factors when it comes to deciding custody, and may rely on psychologist or counselors to help in his decision. Some of the factors that are considered are, the age of the children, their preference, the amount of time that a parent has to raise the children, financial stability, and proper housing. Children may be asked to testify at any age, but special consideration is given to the younger ones.

There are physical and legal rights when it comes to child custody rights. Physical rights refer to the parent that the child or children live with. Legal rights refer to the decisions made concerning major events in the children lives like, education, health, activities and in some cases religion.