Divorce Custody Rights

When two adults decide to divorce and lead separate lives, it is natural that the fate of legal and physical dwellings of their child becomes a question. They end up fighting for child custody and soon realize that the legal framework can be best utilized if they are well aware of their parents’ rights in child custody.

Why to think of Custody Rights in Divorce?

The answer is simple: divorcing partners who have children, should have a fair knowledge of their parental rights in child custody cases to ensure that their needs are fulfilled and they also justify as good parents. It should be noted that every state has a different set of stipulations regarding child custody in terms of physical and legal custody. Also, the stipulations for child support in divorce also vary from state to state. Considering the variations in different states, it is prudent to know as much about one’s parental rights as joint custodian, sole custodian or even the visitation rights in custody cases.

Custody Rights broadly explained:

Let us understand parental custody rights in joint custody cases. In joint custody, the court awards both parents the rights to take decisions on the legal, educational, health and other related subjects concerning the child’s future. Compare it with sole custody or full custody. Here the entire decision-making rights are awarded to one parent and that’s decided by the court in which the litigation for child custody is filed.

The next custody right is the visitation rights given to the non-custodian parent. The court awards visitation rights to the father or mother with whom the child does not live. These rights are to allow the non-custodian parent to spend time with the child during the child’s weekends, vacations and also in his/her day-to-day routine.

Child support is also a right that a financially weaker divorced parent gets who also happens to be the custodian parent. The court may award the other partner to provide child support in such a case.

It is to be remembered that the divorced partner can not obstruct in the exercising of any of the parental child custody rights as this would be gross violation of the court ruling.

When are these Custody Rights forfeited?

In situations where the court finds any parent indulging in any kind of abuse or child neglect and hence, not fit enough to exercise the custody rights bestowed on him/her, the court may forfeit that right. There are cases of divorced partner being stripped of his/her visitation rights but expected to provide child support.

Parental custody rights are hence, measures to ensure that divorced parents get to be with their children. The court stresses on “best interests of the child should be taken care of”.

How to gather information about Custody Rights in different states?

The local divorce attorney is the best guide in providing detailed information regarding the custody rights which keep vary from state to state. Apart from them, online divorce support groups, certain voluntary organizations also highlight on fathers’ rights and mothers’ rights in child custody cases. Grandparents also have certain custodial and visitation rights on the child in some divorce custody cases.

Custody rights are so many, as one can see. An in-depth understanding of their nuances would make life much easier for the divorced partners and the concerned child.