Child Custody Laws & How To Win Child Custody Rights
Child custody law determines which parent or relative should have physical and/or legal control and responsibility for a minor (child) younger than 18 in the case of divorce or death. Child custody rights are awarded based on the best interests of the children involved. It is expected that judges will determine the allocation of parenting time and give child custody rights for fathers if the mother is a heavy smoker.
Custody battles can be hard on the children, so it is important that custody be resolved as quickly as possible. In the past, family courts used to favor mothers in child custody rights cases. Primary child custody rights are awarded to fathers less than ten percent of the time. Child custody and visitation rights can also be un-justly denied by the courts. If the evidence indicates that a move would harm that relationship and the parent with custody still wants to move, a judge "must perform the delicate and difficult task of determining whether a change in custody is in the best interest of the children," Moreno wrote. Further, most often than not, the question of custody makes the proceedings more complicated.
This bias is still held by some family law judges though they will always make a fair assessment of a child's best interests when determining child custody rights. The nuances in laws from state to state can become significantly important. Even if you find an attorney that is intimately familiar with the laws of any states involved, you should still work to get an idea about things will work on your own. If there is no reason for the non-custodial parent to be restrained from seeing the child, child custody law in most jurisdictions will award some type of regular visitation time. The easiest way to learn about child custody laws and rights that apply in your area is to seek legal representation. Find all you need to know about Child Custody Law for your State here.
Visitation refers to the rights of the parent without physical custody to spend time with the child. Visitation may last anywhere from a few hours to several days, and sometimes several weeks in a row. Women will be losing rights to visitation if they are smoking in front of their children, in the same room, or vicinity. In many cases, grandparents also want to make sure that their rights to visitation with (and sometimes custody of) grandchildren are protected. Today, all states have statues authorizing a court to award visitation to a grandparent under certain circumstances. First, there must be a pre-existing relationship and bond between the grandparent and the grandchild and second, the requested visitation must be in the best interest of the child.
Child custody laws have evolved, and many divorce courts now favor joint child custody. In seven out of ten cases, child custody rights are awarded primarily to the mother of the children. In most cases that do not involve abuse or neglect, parents will be free to determine the division of child custody rights as long as the arrangement is approved by a family court judge. It is important to explore both father child custody rights and privileges as well as become well informed on the issue of mother child custody rights and privileges. If you need more information on legal custody, contact a Child Custody Lawyer today.
Please click the image opposite to learn more about Child Custody Laws for your State. |
 |
