Child Custody Battle: What Divorcing Parents Must Know

A torn family photo

Divorcing parents must find the time to understand laws and terminology governing child custody. The law defines it as the right granted to a parent to make decisions critical to the life of his or her child. Undergoing a divorce can be emotionally taxing and time-consuming.

A few useful bits of information could prove handy as you go through the process.

Custody arrangement

If the situation allows, and if it is in the child’s best interest, the court works out an agreement wherein both parents are still involved in the child’s life and upbringing even after the divorce. The court may grant sole physical custody or joint physical custody.

The court may also award joint legal custody. Custody arrangements are subject to modification, under the auspices of the court. Specific laws and regulations vary from state to state. Generally, when physical custody is granted to one parent, the non-custodian parent is allowed to visit the child.

Rights and responsibilities

A competent court gives the custodian parent custody rights, which the non-custodian parent does not possess. The custodian parent may or may not be living with the child. For unmarried parents, some states award automatic custody to the mother of the child.

Meanwhile, fathers may still apply for visitation rights if they wish.

Legal aid

Divorce lawyers in Boulder are frequently involved in child custody cases. Complex legal issues may become entangled with the prevailing emotional climate. The presence of competent legal aid often facilitates productive discussion between the involved parties.

A family law attorney with the right experience can help protect your child, and assure you of your rights as parents.

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The child’s preference

Custody battles revolve around the child. While the court decides with primary consideration for the capacity of the divorcing parents, it considers the child’s choice as well.

Divorce hearings can be tedious and terrible. The outcome of the legal battle may not be agreeable to both parties involved. American courts follow protocols and make decisions based on the best interest of the child.