Child Custody Laws – Safeguarding Parent-Child Relationship
No bond is more precious than which exists between parents and their child. Hence, during custody disputes between parents undergoing divorce or marriage annulment proceedings, family law courts in the United States ardently try to protect this bond. Although state appellate and federal district courts have varying perspectives regarding child custody, they both uphold the fact that parents have the Constitutional right to rear and nurture their children and this can’t be taken away from either parent without due process of law.
While joint custody is hypothetically the most ideal option, in actuality it is not always the best. Generally, the court takes the best interest of the child or parental fitness into consideration. Most of the time though, legal custody is given to both parents with one retaining physical custody of the child. In other states, the court can grant custody to a non-parent if it believes that the child will be in danger in the care of either parent.
Traditionally, custody disputes favored the mother however in the 1970s unmarried fathers have began to assert their parental rights. This usually happens when the birth mother gives up their child or children for adoption, or when she marries another man and the latter petitions to adopt her children. In most precedent cases like that of Caban v. Mohammed and Quilloin v. Walcott in the late 70s the ‘best interest of the child’ standards is applied instead of fitness standard.
A parent given legal custody can make decisions pertaining to the rearing of the child. This can be with matters pertaining to religion, medical management and school selection. On the other hand, physical custody only bequeaths a parent the right to live with the child. Unless no agreement is made between parents, the Court will be the one to determine whether to award sole or joint physical or legal custody.
As mentioned earlier, child custody laws vary among jurisdictios. To learn about your rights as a parent it is best to contact child custody attorneys based in your state. Most firms specializing in family law have their own websites. When looking for child custody lawyers online, select one that has years of experience, objectivity and specialized knowledge in family law. Even more important, choose one that you are actually at ease with.
Hiring the best child custody lawyers can save you from being separated from your child. More resources on child custody in the US can be found on the linked webpage.