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: