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Child custody is the legal guardianship of a child under 18 during divorce or annulment proceedings. Family courts base decisions on the best interests of the child. Custody laws are created and enforced by individual states, and custody can be awarded to grandparents or non-relatives. Physical custody is given to the parent with financial security and adequate parenting skills. Custody arrangements can be changed if enough objective evidence is presented. The Tender Years Doctrine favored mothers as primary guardians, but this philosophy has changed.
Child custody is a term used in family law courts to define the legal guardianship of a child under 18. During divorce or marriage annulment proceedings, the issue of child custody often becomes a matter for the courts. In most cases, both parents continue to share legal custody of the children, but one parent gets physical custody. Family law courts generally base decisions on the best interests of the child or children, not always on each parent’s best arguments.
Child custody laws are almost always created and enforced by individual states, not the federal government. This means that a family court judge in Georgia may use a different standard to assess a parent’s suitability than a Massachusetts judge. Most states also allow independent legal representation for minors involved in a custody hearing. Child custody applications can also be presented by grandparents, great-grandparents or non-relatives who acted as parents towards the minor involved.
In general, courts tend to award physical custody to the parent who demonstrates the greatest financial security, adequate parenting skills, and least inconvenience to the child. Both parents continue to share legal custody until the minor has reached the age of 18 or has been legally emancipated. Legal custody means that both parents can make decisions that affect the child’s well-being, such as medical treatments, religious practices and compensation claims. Physical custody means that one parent is held primarily responsible for the child’s housing, educational needs, and food. In most cases, the noncustodial parent still has visitation rights.
Most child custody cases end amicably, with former spouses agreeing to visiting hours and support payments from the noncustodial parent. Some cases, however, must be judged on the relative fitness of each parent to raise children. In extreme cases, a parent may be permanently denied visitation if her presence could seriously harm the child’s sense of security. Contrary to film and television portrayals, few parents are deemed so unfit that even supervised visitation is out of the question. Anger at a spouse doesn’t always equal irresponsible parenting in child custody hearings.
One controversial aspect of child custody is an apparent bias against mothers as primary guardians. States like Pennsylvania followed an unofficial legal code called the Tender Years Doctrine. According to this guideline, most custody decisions were in favor of the mother unless there was compelling evidence to the contrary. The belief was that mothers possessed a protective instinct that made them better candidates for single parenthood. Fathers should hire childminders or enroll their children in daycare during working hours. This philosophy has changed over the years, allowing fathers to seek sole custody if the mother is found unsuitable.
An important thing to keep in mind during and after custody proceedings is the court’s right to change its mind at any time. If enough objective evidence reaches the ears of the court, custody arrangements can be changed quickly. This becomes important if a parent wants to relocate to a distant location or fails to comply with a court-approved visitation schedule.
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