As the father of a child, or children in a child custody dispute, you have every right to claim custody. This right can be diminished or enhanced depending on a number of factors. The court normally looks at the “best interest” test to determine what will be best for the child. The truth is, mothers […]
Divorce and Child Custody
No divorce situation is exactly the same, but every child custody issue affects some child. When going through a divorce, the most important thing is to keep the child’s interests at heart. It’s important to remember that there is no perfect solution. The courts recognize that in any custody battle the parents, the children, the grandparents, and other interested parties are going to be dissatisfied. Try to remember that everyone in the dispute has rights and valid opinions. Try working together. Obviously this is not always possible when going through a divorce, and that is regrettable, but to the extent possible find solutions that work for everyone.
There are two classes of custody: Physical custody – the parent is in possession of the child. Legal custody – the law gives the parent legal claim to the child. There are several types of custody: Third party custody – the child is placed with a person other than a biological parent. Sole custody – […]
In general, any biological parent who is found to be fit to provide for a child’s future and education will retain custody of the child. All jurisdictions within the United States are governed by the Uniform Child Custody Jurisdiction and Enforcement Act. For adoptions the law is the jurisdiction where the child was born. Adoption […]
Today, all states use a gender neutral standard, giving neither parent a preference based on sex. Although some courts will still use the “tender years” doctrine if both parties seem equally capable, the older the child the less likely this doctrine will be accepted. The cut-off age is widely accepted as the age of 7. […]
When a childless couple get divorced they can walk away from the divorce and continue with their lives, never having to look back or contact their ex-spouse again. Where children are involved this is impossible. The parents both have a responsibility, under law, for the children. They must decide who will care for the child and […]