Custody Rules For Your Child Custody Case

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Child Custody in a divorce case is a serious process that can sometimes involve long court battles. The majority of child custody cases are decided between the parents involved and then presented to the courts for approval. It is only when the parents cannot come to an agreement on their own that the courts become involved in order to decide what is in the best interest of the child. Here are some of the basic rules that govern child custody.

Child custody after a divorce case has two major components, physical and legal. The physical custody concerns where the child or children will live. This can be decided as sole custody with one parent, or with joint custody and the children living at the homes of both parents at different times throughout the year. Legal custody concerns all legal decisions made on behalf of the child. This includes medical decisions, educational decisions and the decisions about the child's religious upbringing. Like physical custody, legal custody can be placed solely with one parent or it can be shared between both parents.

If you cannot come to an agreement with your spouse over who will take custody of the children or if custody will be shared, the issue will be brought to the courts to decide. There are a number of different factors that the courts will take into consideration when choosing who will have custody of the children.

It is important to note that even if you are granted full custody of the children, the courts will rarely prohibit the other parent from seeing the children unless it can be proven that they are a danger. This is also an important factor in custody cases because the courts prefer for the children to have access to both parents. If the court feels that you will not facilitate the visitation rights of the other parent, they may deny your right to custody. The following rules may help you win your case:

  • To improve your custody chances make sure that you have a safe living environment for the children. This is perhaps the most important as children will never be placed in an environment that can be considered unsafe.
  • Keep your children in the same school district. A divorce is stressful enough upon the children, so by keeping them in the same school district, they will be spared the added stress of being without friends or familiar surroundings. Courts prefer to see the children stay within the same school district.
  • Have a work schedule that works around the needs of your children. It is expected that you will have to work after a divorce but it is necessary to show the courts that your work will not interfere with your ability to take care of the children.
  • Try to work out an agreement in advance, and have the court approve it. If you have been unable to make an agreement, write up your own plan to present to the court, with detailed information about visitation schedules and custody. Having a plan that can simple be approved makes it more likely that you will achieve your goals.  
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Abigail Vernon has 1 articles online

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Custody Rules For Your Child Custody Case

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This article was published on 2010/03/29
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