Are There Guidelines The Court Must Follow In Regard To Child Custody?

When it comes to child custody after a divorce, there are generally guidelines that the court must follow. The guidelines that the court must follow in regard to child custody can vary quite a bit from one state to the next. However, there are some overriding principles that most states have put in place in terms of these guidelines. The one common guideline that courts must follow in regard to child custody, regardless of the particular state, is to look after the best interests of the child. This is because, all too often, the divorce process becomes more and more about each of the parents looking after their own best interests, and not necessarily the best interests of their child or children.

In most states, the preferred situation is one in which both parents share legal, and if possible physical, custody. Joint legal custody means, of course, that both parents have the authority to make decisions regarding the child’s well-being, such as in the areas of education, health care, and those sorts of things. Joint physical custody refers to a situation where the child or children spend roughly equal amounts of time with each parent. Physical and legal custody don’t always go hand in hand; it is common for both parents to share legal custody but for one parent to have primary physical custody. While there are often not specific guidelines in regard to whether child custody should be joint, there are usually guidelines to indicate when custody should not be joint.

When one parent is considered to be unfit, or when there is a question of abuse or a problem with the living conditions of one parent, the court must then follow specific guidelines set by the state in regard to child custody. For example, in some areas, if a parent has been convicted of a violent or a sexual felony, that parent will not be allowed to have child custody. While this is not necessarily a guideline that the court must follow in every state, it is a very common guideline.

To find out what the guidelines are that the court must follow in regard to child custody in your state, you should consult with an attorney.

Posted in Child Custody