Child Custody
6 frequently asked questions with detailed answers
Courts determine custody based on the 'best interests of the child' standard. Factors include: each parent's living situation, work schedule, relationship with the child, ability to co-parent, child's preference (if old enough), history of abuse or neglect, mental and physical health of parents, and maintaining stability in the child's life.
Legal custody refers to the right to make major decisions about the child's upbringing (education, healthcare, religion). Physical custody determines where the child lives. Both can be sole (one parent) or joint (shared). It's common to have joint legal custody with one parent having primary physical custody.
Yes, fathers can and do receive full custody. Courts are legally required to treat parents equally regardless of gender. The determining factor is always what's best for the child. Fathers who are actively involved, provide stable homes, and can meet their children's needs have equal standing in custody decisions.
A parenting plan is a detailed document outlining custody arrangements, including: residential schedule, holiday and vacation time, transportation responsibilities, communication methods between parents, decision-making authority, and procedures for resolving disputes. Most courts require a parenting plan in custody cases.
Relocating with a child after divorce typically requires either the other parent's consent or court approval. Most states require advance notice (30-90 days) and may require showing the move is in the child's best interest. Courts consider reasons for the move, impact on the child's relationship with the other parent, and the child's ties to the community.
Domestic violence is a major factor in custody decisions. Courts may limit or deny custody/visitation to an abusive parent, require supervised visitation, order completion of treatment programs, or issue protective orders. The safety of the child and victimized parent is the primary concern.