Divorce Guide

Divorce Guide

Divorce Custody Rights

When the parents of a child decides for a divorce the divorce custody rights are a matter of concern for both the parents. The divorce custody rights vary from one state to the other in United States and the local family court that is holding the divorce case has the sole authority to decide which parent will get the custody. There are mainly two different types of custody one is the legal custody and the other is the physical custody. The parent with the legal custody of the child has the right to decide on the welfare, education and health of the child. The physical custody means the child will actually live with the physical custodian parent.

The court can either give sole custody whether legal or physical custody to one of the parents or if required to both of the parents. If either parent gets the sole legal custody of the child he or she is the one to take all the decisions regarding the child and if both are legal custodian then all the decisions need to be taken with the consent of both the parents. In case of sole physical custody the child lives with the custodian and the other parent gets visitation rights. If the physical custody is given to both the parents then the child spends equal time with both the parents.

Though there are different guidelines for determining the custody of the child in different states there are some basic factors that are considered by the court while giving the divorce custody rights to either of the parents or to both of them.

The most important thing that is considered by the court while deciding on the child custody is the welfare of the child. This is most crucial point that is given more priority than the wish of the parents to get the custody. By the interest of the child the court wants to ensure the well being of the child, better prospects and contact with both the parents. In fact the parent who is supportive to this theory is more likely to get the custodian rights of the child.

In some of the states and not in all the states the wish of the child is also considered while deciding on the custody. This is only applicable if the child is not an infant and matured enough to have an opinion about the matter.

The mental health of the parent is also taken into consideration while deciding on the custody. If one of the parents provides the court with evidence that the other parent is mentally ill then the court might ask for a psychiatric evaluation of the ill parent. If the court finds out the mental health of the parent might affect the child parent relationship and have an effect on the health of the child then the custody rights may be conferred to the other parent.

The divorce custody rights are decided by the court based on all these factors and on the circumstances that are unique for each couple.

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