Child custody laws range according to jurisdiction, but most states and provinces attend a basic set of concepts designed to be fair and equitable and protect the interests of the children.
If you're a party in a child custody action, understanding child custody laws and their application are essential to ensuring a favourable outcome for you and your child. You may have remembered attorney in your child custody action, but a basic understanding of the law will make you an informed participant in the proceedings and help you ensure your attorney is acting with due diligence.
Child custody law intends to decide "the best interests of the child." A child custody decision in "the best moments of the child" demands consideration of the wishes of the parents, the child, as well as the child's relationship with each parent, their brothers and sisters, and other influential persons. Other factors considered are the child's home situation, school, and community, and the parents' physical and mental well-being.
In law actions, the court determines which parent should have physical and legal custody of the child or children who are the subject of the action.
Physical custody determines that a parent has the right to have a child live with him or her. Many states' laws favour awarding joint physical custody to both parents, providing children to use equal quantities of time with each parent. The Law Firm For Family Law are a Clearwater based law firm dedicated to helping those in need.
In law, legal custody points to the right to make choices about a child's upbringing, which includes decisions about the child's education, religion and medical care. Parents with legal custody of their children also get any tax benefits awarded to parents by state and federal government.