Child Custody Laws and Legality
Child custody is the determination made by the court responsible for the child custody hearing, which establishes which of the two parents will be considered to be the guardian – or custodian – of the child or children in question. The procedure undertaken in order to determine child custody differ on a case by case basis with regard to all involved parties, including individual role(s), relationship(s), and behavior(s) within the scope of the child custody case in question.
Child Custody Laws: Guardianship and Paternity
In certain cases, the parents will be able to determine custody without contention in the event that an individual parent wishes to relinquish their respective custodial claims; however, in most cases, the determination is implicit with in the stipulations addressing child custody laws. Parents who are not considered to be the custodian(s) of a child will be required to pay child support to the custodial parent.
Guardianship is a legal classification within child custody laws, which describes the legal, lawful ability for an individual to act both on behalf and in place of another individual with regard to the parameters comprised within that specific term of Guardianship; individuals granted the classification of guardianship will be permitted to substantiate any or all authenticity, substantiation, and validation concerning issues under the jurisdiction expressed in an initial Guardianship agreement
As conveyed in the statutes of Child Custody Laws, upon the birth of a child, the birthparents are required to sign the accompanying birth certificate; this authenticates and identifies them as the maternal and paternal units with the regard to the child. Paternity can also consist of additional variables, such as financial and parental support with regard to the expenses and responsibility of child-rearing
5 Types of Child Custody Laws
Temporary Child Custody Laws
Temporary custody is the child custody awarded to a parent during the process of divorce or separation that grants custody to parent with full rights of custody to the exclusion of the other parent. The non-custodial parent can receive limited rights in some cases, as well as supervised visitation rights.
Joint Child Custody Laws
Joint custody gives equal rights to both parents to make decisions concerning the upbringing of the child. Courts award joint custody in cases where both parents can properly perform their duties as parents. If an applicant parent to sole custody, the parent applicant to rebut a presumption that joint custody is in the child.
Sole Child Custody Laws
Sole custody of one parent does not preclude the non-custodial parent from visiting with the child in question with the exception of abuse or criminal activity. In the event that a sole custodian agrees to visitation rights for the non-custodial parent in a child custody case, the courts may still impose restrictions on visits by non-custodial parents
Third Party Child Custody Laws
The court may grant custody of the child to a third party when – or if – the third party has claimed responsibility; grandparents or close familial relatives are often regarded as third party custodians. If a married couple shares multiple children, the court has the power to not only separate the children, but also determine which children – if any – would be better suited with specific parents. However, for reasons of moral support, children are kept together in most cases.
Visitation and Child Custody Laws
The court has the power to deny visitation; cases in which courts deny access to children often include non-custodial parents who have been physically or have emotionally abused the child in the past and/or non-custodial parent suffers from serious mental illness, which can contribute sacrificing a child’s emotional wellbeing. Parents who are in prison or have a criminal record are not automatically denied visitation rights, but are seldom considered as custodians.