How is Custody Determined?

During a divorce children have shown to go through with a lot of emotional stress and anxiety. Child custody involves the responsibilities of the divorcing parent with regard to minor children, residency of the children and the relationship or the amount of contact the parents would have with the children.

When the parents fail to agree on an arrangement in regard to their children, the courts have to take on the task, keeping the benefit of the child in mind. A case for child custody would be filed in court and the custodial arrangement would be determined by the judge.

Child custody would be determined by the court. Parents should understand the requirements with regard to child custody and work towards the same.

Child custody is categorised into-

Legal custody: Legal custody involves the right to make decisions in regard to dental care, religion, medical care and education.

Physical custody: Physical custody involves the right which would suggest as to where the child would stay or reside.

The court would weigh many factors while deciding on the custody for the children. The court would take the following factors into account- The financial situation of the parents, the age of the child, the relationship shared by the child and the parents. The court would also look into which parent the child prefers and is most comfortable with.

How is Custody Determined?

Rights and responsibilities of both the parents: The rights and responsibilities of each parent towards their minor children include making decisions in regard to the general welfare and raising the children. The issues which are worked upon are- medical care, dental care, religion and children’s education, these issues come under the category of legal custody.

Residency of the children: Residency of the children involves the decision as to where the children would be residing or staying. The residency would also determine the amount of time or the majority of the time the child would spend with the parent. When a child stays with one parent, the other parent is usually given visitation rights. The child can also spend equal amount of time with both parents. The parents during physical custody would take on equal responsibilities in regard to day to day care. The residency of the child is referred to as physical custody of the child.

Time duration each parent would spend with the child: When the child resides with one parent, the other parent receives visitation rights. The other parent would be given stipulated time duration to spend with the child like weekends or holidays. The parent with who the child resides is called the custodial parent and the parent who has the visitation rights is called the non-custodial parent. The non-custodial parent lands up with a visitation schedule which would determine the contact with the children. The visitation schedule is also known as parenting arrangement.

During the entire divorce and child custody process, it would be essential to keep the benefit and the interest of the child in mind.