Divorcing parents may have a child custody agreement as part of the divorce proceedings. This agreement may have been settled between the divorcing parents were decided in the courts. The courts decide custody based on what is in the best interests of the child.
Custody arrangements determine which of the parents have the right to make decisions about the child’s healthcare, education, and religious upbringing as well as the every day care for the child. Only one parent may be seeking custody in some cases. The other parent may be satisfied with visitation rights. The court proceedings can be stressful and emotional if both parents are seeking custody.
Child custody can be temporary, exclusive, or joint custody. If a court awards custody to one. For the duration of the separation and divorce proceedings, this is referred to as a temporary custody. This is only the custody arrangement until the court makes a decision on child custody.
When one parent has all custody rights and the other parent has none, this is called exclusive custody. If the parents are given equal rights to child custody, this is often referred to as joint custody. Joint custody is very common when both parents are able to care for the children properly.
Joint custody is usually considered in the best interest of the child unless there is evidence to prove that one parent is unfit or dangerous the child’s well-being. Custody arrangements typically keep siblings together since this is usually considered in the best interest of the children.
The court may consider several factors in determining which custody arrangement would be best. The lifestyles of the parents are often considered which can include whether or not one or both parents smoke since this exposes children to secondhand smoke. The mental and physical health of each parent is also considered.
If the child is twelve years old or older, the judge may ask the child which parent the child would prefer to live with. The emotional bonds between the child and each parent may be considered.
The noncustodial parent has a right to visitation according to the law. Even if a custody agreement does not specify visitation, the law implies that the parent does have visitation rights. If the noncustodial parent is shown to be a danger to the child, the visitation rights may be denied as part of the child custody arrangement.
