Child custody is a sensitive topic that co-parents must address. If they agree to split their responsibilities, the court will likely adopt their parenting plan.
Sometimes, parents disagree on who resides with a minor, spends more time with them, or decides matters concerning healthcare, education, and religion. The court determines the path forward based on the child's best interest.
The decision involves intense evaluations of each parent's ability to provide the child's basic needs, mental stability, and relationship with the minor. Other factors include the child's preferences, whether they have siblings and possible interruption of existing routines.
Below, we explain child custody arrangements. This article also discusses what parents can do to get custody and some federal child custody laws. For context, let us begin by understanding the types of child custody in the United States.
Understanding Child Custody
Every parent has a right to be present in their child's life and to decide what is best for them. Divorce disrupts these rights as the separated parents must now figure out how to remain in the child's life and co-parent effectively despite differences.
A divorce settlement agreement outlines how assets are divided, whether spousal and child support are paid, and each parent's role.
The legal terms in child custody can confuse people who have never been through a divorce. Let us discuss two of them: physical and legal custody.
What is physical custody?
Having physical custody means that you get to live with the child in your home. The other parent may get visitation rights or scheduled periods to be with the kids. The court may also order them to pay child support.
Granting one parent physical custodial rights provides stability, giving the child a permanent home. Doctors and teachers also get a single contact address. A primary residential parent may or may not have legal custodial rights.
A parent's work schedule significantly affects their chances of receiving physical custody as they must have enough time to spend with the child.
What is legal custody?
Legal custody, on the other hand, involves making decisions on behalf of a minor child. The young child needs education and health care. The parent who gets this custody makes such decisions for the minor. Courts prefer that each parent maintain legal custody of their children unless it's not in the children's best interest.
The court may grant one parent both custody or divide them between each parent. The table below summarises the key points regarding physical and legal custody.
| Physical custody | Legal custody |
|---|---|
| Relates to who primarily resides with the kid | Pertains to which parent makes decisions on education, health, and religion. |
| It can be full or joint. | It can be sole or joint. |
| Parents can have a prior agreement or let the court decide. | Parents may have prior agreements or leave it to the court. |
Child custody arrangements
Each family will have a unique parenting plan. A parent's availability, the child's age and needs, and how far apart the parents reside determines the schedule they adopt.
For example, if a divorced couple receives 50/50 joint physical custody, they must decide how to split that time to suit their circumstances. They may settle on spending alternating weeks with the child, you can find many 50/50 custody schedules.
Other parents prefer to split weeks into 3-4-4-3 segments; one parent stays with the kid for three days, and the second gets the remaining four days. They then switch it up the following week.
Parents should stay objective during these negotiations. Accepting child custody schedules they cannot honor disrupts the child's life. They also risk losing custody if the other parent challenges them in court.
How to Get Custody of a Child
When married couples separate, one may contend that the other is not fit to raise the child. They may, therefore, petition the court to grant them full physical and legal custody of any minors they share.
However, their verbal claims of incompetence are insufficient: the court requires evidence. The judge will consider the child's best interest.
The best interest of the child considers the following factors:
- Whether disrupting their established routine is necessary.
- How separating a minor from their siblings would affect their life.
- Whether a parent seeking physical custody earns enough money to provide for the child.
- The child's relationship with a parent.
- If a parent has enough time to care for the child.
- Whether a parent is mentally and physically able to train the kid.
- The child's health and special needs.
How can I improve my chances of getting custody?
If you are fighting for your child's custody, here is what you can do to improve your chances of winning custody.
-
Stay active in your child's life.
The judge will consider how involved you are in the child's development. So you must stay in touch with them, even if you and your co-parent no longer live together. It is wise to document activities you attend together to prove your point.
-
Create a safe environment for your kids.
One factor the court will consider when granting custody is their living conditions. Ensure there is enough livable space for the kids. Make the home child-friendly. A parent who has neglected or abused children in the past is unlikely to receive physical or legal custody.
-
Take care of yourself.
Your mental stability also affects how much your request holds. If the court orders any substance and drug abuse treatment and counseling, be sure to complete the program.
-
Make time for your child.
The child needs your time. Making room in your schedule to care for your child demonstrates that you want the best for them. On the other hand, do not unnecessarily keep the children away from the other parent, as some states may consider that illegal.
The US Census Bureau demonstrates a disparity in child custody based on gender. For example, this page shows that in 2019, 15,290,000 children from single-parent families lived with their biological mothers, compared to 3,102,000 residing with their biological fathers.
However, the law has established that gender alone does not determine a parent's competence. As a result, more fathers are receiving joint and full custody across the states. Neither sexual orientation nor race should affect the court's decision. A qualified family lawyer can help you assert your rights.
If neither parent is fit for custody, the court can give temporary legal guardianship to another adult, typically grandparents or some other relative who requests it.
Federal Laws in Child Custody
State laws play a prominent role in family court decisions. If you are undergoing a divorce, speak to a local family lawyer to determine your state's interpretation of these laws.
Below are two federal laws that apply to child custody.
- Full Faith and Credit Law: If child custody decisions are made in one state but one parent lives in a different state, the Full Faith and Credit law requires the second state to enforce the decision (28 U.S.C. § 1731A).
- The Child Support Enforcement Act: Proof of paternity is essential in child custody cases. The court may order non-custodial parents to pay child support.
Solving child custody may be daunting. You do not want anyone questioning your parenting capabilities. Staying focused helps you navigate this stressful process. You make it simpler if you and your spouse have a prior divorce agreement and well-thought-out parenting plans.
Helpful Resources:
US Census - Living Arrangements of Children (2019)
US Congress - 28 USC 1738A: Full faith and credit given to child custody determinations
US Dept. of Justice - Citizen's Guide To U.S. Federal Law On Child Support Enforcement
Child custody is a sensitive topic that co-parents must address. If they agree to split their responsibilities, the court will likely adopt their parenting plan.
Sometimes, parents disagree on who resides with a minor, spends more time with them, or decides matters concerning healthcare, education, and religion. The court determines the path forward based on the child's best interest.
The decision involves intense evaluations of each parent's ability to provide the child's basic needs, mental stability, and relationship with the minor. Other factors include the child's preferences, whether they have siblings and possible interruption of existing routines.
Below, we explain child custody arrangements. This article also discusses what parents can do to get custody and some federal child custody laws. For context, let us begin by understanding the types of child custody in the United States.
Understanding Child Custody
Every parent has a right to be present in their child's life and to decide what is best for them. Divorce disrupts these rights as the separated parents must now figure out how to remain in the child's life and co-parent effectively despite differences.
A divorce settlement agreement outlines how assets are divided, whether spousal and child support are paid, and each parent's role.
The legal terms in child custody can confuse people who have never been through a divorce. Let us discuss two of them: physical and legal custody.
What is physical custody?
Having physical custody means that you get to live with the child in your home. The other parent may get visitation rights or scheduled periods to be with the kids. The court may also order them to pay child support.
Granting one parent physical custodial rights provides stability, giving the child a permanent home. Doctors and teachers also get a single contact address. A primary residential parent may or may not have legal custodial rights.
A parent's work schedule significantly affects their chances of receiving physical custody as they must have enough time to spend with the child.
What is legal custody?
Legal custody, on the other hand, involves making decisions on behalf of a minor child. The young child needs education and health care. The parent who gets this custody makes such decisions for the minor. Courts prefer that each parent maintain legal custody of their children unless it's not in the children's best interest.
The court may grant one parent both custody or divide them between each parent. The table below summarises the key points regarding physical and legal custody.
| Physical custody | Legal custody |
|---|---|
| Relates to who primarily resides with the kid | Pertains to which parent makes decisions on education, health, and religion. |
| It can be full or joint. | It can be sole or joint. |
| Parents can have a prior agreement or let the court decide. | Parents may have prior agreements or leave it to the court. |
Child custody arrangements
Each family will have a unique parenting plan. A parent's availability, the child's age and needs, and how far apart the parents reside determines the schedule they adopt.
For example, if a divorced couple receives 50/50 joint physical custody, they must decide how to split that time to suit their circumstances. They may settle on spending alternating weeks with the child, you can find many 50/50 custody schedules.
Other parents prefer to split weeks into 3-4-4-3 segments; one parent stays with the kid for three days, and the second gets the remaining four days. They then switch it up the following week.
Parents should stay objective during these negotiations. Accepting child custody schedules they cannot honor disrupts the child's life. They also risk losing custody if the other parent challenges them in court.
How to Get Custody of a Child
When married couples separate, one may contend that the other is not fit to raise the child. They may, therefore, petition the court to grant them full physical and legal custody of any minors they share.
However, their verbal claims of incompetence are insufficient: the court requires evidence. The judge will consider the child's best interest.
The best interest of the child considers the following factors:
- Whether disrupting their established routine is necessary.
- How separating a minor from their siblings would affect their life.
- Whether a parent seeking physical custody earns enough money to provide for the child.
- The child's relationship with a parent.
- If a parent has enough time to care for the child.
- Whether a parent is mentally and physically able to train the kid.
- The child's health and special needs.
How can I improve my chances of getting custody?
If you are fighting for your child's custody, here is what you can do to improve your chances of winning custody.
-
Stay active in your child's life.
The judge will consider how involved you are in the child's development. So you must stay in touch with them, even if you and your co-parent no longer live together. It is wise to document activities you attend together to prove your point.
-
Create a safe environment for your kids.
One factor the court will consider when granting custody is their living conditions. Ensure there is enough livable space for the kids. Make the home child-friendly. A parent who has neglected or abused children in the past is unlikely to receive physical or legal custody.
-
Take care of yourself.
Your mental stability also affects how much your request holds. If the court orders any substance and drug abuse treatment and counseling, be sure to complete the program.
-
Make time for your child.
The child needs your time. Making room in your schedule to care for your child demonstrates that you want the best for them. On the other hand, do not unnecessarily keep the children away from the other parent, as some states may consider that illegal.
The US Census Bureau demonstrates a disparity in child custody based on gender. For example, this page shows that in 2019, 15,290,000 children from single-parent families lived with their biological mothers, compared to 3,102,000 residing with their biological fathers.
However, the law has established that gender alone does not determine a parent's competence. As a result, more fathers are receiving joint and full custody across the states. Neither sexual orientation nor race should affect the court's decision. A qualified family lawyer can help you assert your rights.
If neither parent is fit for custody, the court can give temporary legal guardianship to another adult, typically grandparents or some other relative who requests it.
Federal Laws in Child Custody
State laws play a prominent role in family court decisions. If you are undergoing a divorce, speak to a local family lawyer to determine your state's interpretation of these laws.
Below are two federal laws that apply to child custody.
- Full Faith and Credit Law: If child custody decisions are made in one state but one parent lives in a different state, the Full Faith and Credit law requires the second state to enforce the decision (28 U.S.C. § 1731A).
- The Child Support Enforcement Act: Proof of paternity is essential in child custody cases. The court may order non-custodial parents to pay child support.
Solving child custody may be daunting. You do not want anyone questioning your parenting capabilities. Staying focused helps you navigate this stressful process. You make it simpler if you and your spouse have a prior divorce agreement and well-thought-out parenting plans.
Helpful Resources:
US Census - Living Arrangements of Children (2019)
US Congress - 28 USC 1738A: Full faith and credit given to child custody determinations
US Dept. of Justice - Citizen's Guide To U.S. Federal Law On Child Support Enforcement
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