Before resolving any of the legal issues related to child custody cases, the court will require parents to answer a number of important questions. If you are going through a divorce, the court will need information from both parents as to where your child will be residing permanently, who will be responsible for making major decisions in their life, and whether child support will be necessary.
However, divorce isn’t the only situation in which these legal issues arise. Here is a list of the most common methods courts use to determine child custody decisions.
Divorce and Child Custody
In most cases, the court will allow parents and their divorce lawyers to reach a mutual agreement about child custody. Whether these issues are resolved within court or outside of court, divorce attorneys should be present to assist in negotiations. If the parents are incapable of coming to an agreement, then ultimately the court will have to make a decision about child custody. To do this, the family court judge will look at a variety of factors, including any history of domestic or child abuse, who has acted as the primary caretaker thus far, the wishes of the children, and other legal issues.
Unmarried Parents and Child Custody
When the parents of a child are not married, the biological mother is usually granted full custody, unless a serious issue prevents her from doing so. However, just like in a divorce, the court will examine a variety of relevant factors before making a decision.
Non-Parental Child Custody
In some cases, someone other than the parents of a child may obtain custody. People like grandparents, aunts and uncles, and even family friends have been granted custody of children before. Usually, this involves a petition from the person who wants to obtain custody, which must then be reviewed by the court.
Child Custody Case Review
If you are in one of the above situations or fear that you may be soon, do not hesitate to contact a lawyer about your legal issue. While the majority of American adults (72%) know what it means to have a living will, child custody is one issue most Americans know little about.