Written by: Debra Whitson, Executive Contributor
Executive Contributors at Brainz Magazine are handpicked and invited to contribute because of their knowledge and valuable insight within their area of expertise.
Child custody is one of the most complex and emotionally charged issues that arise during a divorce or separation. It involves the physical, legal, and financial responsibilities of caring for a child. If you are going through a divorce or separation, it is important to understand the basics of child custody to ensure that the best interests of your child are protected. In this article, we will discuss five things you need to know about child custody.
1. Types of Custody:
There are two main types of custody: physical and legal. Physical custody refers to the right to have the child physically live with the parent. Legal custody, on the other hand, refers to the right to make important decisions about the child's upbringing, such as education, medical care, and religion. Both types of custody can be awarded solely to one parent or shared between both parents.
2. Best Interests of the Child:
In any custody decision, the court will consider what is in the best interests of the child. According to the New York City Bar, “The “best interest of the child” test means that the courts are required to balance the ability of each parent to meet the needs of the child or children.” Factors that the court may consider include the child's age, the relationship between the child and each parent, each parent's ability to provide for the child's basic needs, the child's emotional and physical health, and any history of abuse or neglect.
3. Custody Arrangements:
Custody arrangements can vary widely depending on the circumstances of each case. Some common custody arrangements include:
Sole physical custody: The child lives with one parent most of the time, and the other parent has visitation rights.
Joint physical custody: The child spends roughly equal amounts of time with each parent.
Sole legal custody: One parent has the right to make all decisions regarding the child's upbringing.
Joint legal custody: Both parents share decision-making responsibilities.
4. Child Support:
Child support is a separate issue from custody, but the two are often linked. The parent who has physical custody of the child most of the time is typically entitled to receive child support payments from the other parent to help cover the costs of raising the child. The amount of child support is usually determined based on the income of both parents, the number of children, and the amount of time the child spends with each parent.
5. Modifying Custody Arrangements:
Custody arrangements are not set in stone and can be modified if there is a significant change in circumstances. For example, if one parent moves to a different state or develops a substance abuse problem, the custody arrangement may need to be modified to ensure the best interests of the child are being met. However, the parent seeking a modification must be able to demonstrate a significant change in circumstances that justifies the modification.
In conclusion, child custody is a complex issue that requires careful consideration of the best interests of the child. It is important to work with an experienced family law attorney to ensure that your rights are protected and that your child's needs are being met. According to verywell family, it is also important to “Discuss proper courtroom etiquette with your lawyer to get a better understanding of what's expected, as well as any pitfalls—like emotional outbursts or accusatory statements—you need to avoid or be on the lookout for.” By understanding the basics of child custody, you can make informed decisions about what is best for your family.
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Debra Whitson, Executive Contributor Brainz Magazine
For the first half of her career, Debra Whitson was a prosecutor, and she spent the latter half specializing in Matrimonial and Family Law. She is an experienced mediator and collaborative divorce practitioner as well as a recognized expert in working with victims of domestic violence. Debra believes that legal battles are more harmful to families than helpful, and is passionate about helping people find ways to make their own decisions for their families, rather than leaving their outcomes in the hands of a stranger in a black robe. When court is unavoidable, Debra aims to educate and support people to make the legal process less costly, scary, uncertain, and stressful.
