More Things To Know About Child Custody and How Such Decisions Are Made

Family law

Divorces are not uncommon, and we all know of someone who is either divorced or considering divorce. Unfortunately, issues in a marriage have a way of cropping up and then only breaking the bond later in the marriage, sometime after couples have already excitedly gone ahead and had children together. As newly-weds, having children is an exciting adventure and many couples don’t foresee any trouble that could pull them apart, so they have families and then face consequences when it is too late. This is where child custody comes into play because we have two parents who are both interested in the care of and a relationship with their child. We’re here to take a look at everything to do with child custody decisions and help shed some light on the topic of ow the custody decision is made.

The Two Ways Decisions Are Made

There are typically two methods of coming to conclusions when it comes to visitation decisions and child custody in a divorce. Firstly, if the divorce is amicable and if the parents in question are able to reach compromise and agree on a set of decisions on their own, there usually are informal settlement negotiations that take place, typically with the help of lawyers or mediators. In the second situation, if the parents cannot find common ground, the court will ultimately assess the situation and the lifestyles and living conditions of each parent and from there, establish child custody or visitation decisions.

Unmarried Parents

In the event that a child is born out of wedlock, and if there is a separation, the child is generally required to remain in the custody of the mother, who retains sole physical custody of the child or children, except if the father makes a motion to be awarded custody. Often, an unwed father is unlikely to win custody over the mother who exercises good parental skills, but this does not mean that an unwed father cannot secure a form of visitation rights or custody. Since parents are unwed, they escape without the problems of division of assets, property, spousal support, etc. and the decision making process is primarily focussed on the custody of the child, making it perhaps more simple from this perspective. The process is much the same as above, with either the parents reaching decisions on their own, or seeking the help of the family court to come to decisions for their children.

Non-Parental Child Custody or Guardianship

In the event that a third party seeks guardianship or custody of the child or children involved, for whatever reason, there exist specific procedures secured in place to be followed by those seeking such custody. Often, it involves the third party beginning the process by filing a petition setting out his or her relationship with the child, also the status of the child or children’s parents and describing the reasons for seeking custody over the child or children. This is submitted to the court, and the decisions are based on the facts in the petition, which is also delivered to the parents.

Instances, where such petitions may need to be processed, are when the care of an aunt, uncle, family friend or otherwise is in the best interests of the child or children in question, perhaps because the parent is either disabled, challenged, in unfavorable circumstances, of unfavorable health or financially unable, or perhaps even of questionable character based on events that should be proven to the court (drug use, etc.). This is an especially intricate process, as usual, parents do not accept third parties having custody over their children, and fight against the motion. As always, the family court judge needs to act in the best interest of the child or children in question when coming to conclusions and making the final decisions.

It is only natural to have many questions about the custody of your child or children if you’re going through a divorce, and important decisions have to be made and compromises as well. Keeping the peace and working with your ex-spouse is a must in order to keep everything going smoothly, irrespective of which of you end up with the primary custody of the child or children, or whether a third party ultimately acquires the custody.

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