Understanding Child Custody

Child custody is the legal term for determining the roles of parents in the decision-making rights and welfare of their child. This legal dispute is commonly established during a divorce or legal separation proceeding to ensure the child’s best interests are met and that their well-being isn’t compromised.

What Are the Types of Child Custody Arrangements?

• Legal Custody: This type of custody determines who makes major life decisions for your child, including education, healthcare, co-curricular activities, and religious upbringing.
• Physical Custody: This determines who the child will live with until they can legally decide.

When you are granted sole custody of the child, you will be responsible for making the decisions for your child. However, the other parent still has visitation rights as long as they don’t compromise the child’s well-being.

When legal proceedings result in joint custody, you and your former spouse must discuss arrangements that prioritize your child’s best interests when making decisions.

How Is Child Custody Determined in Court?

Determining who receives custody of your child depends on various factors overseen by the judge in court. These factors include:

• The child’s age, health, and special needs
• The parent’s overall ability to care for their child — financial, physical, emotional, and mental
• The parent’s work schedule and if it doesn’t compromise their ability to care for the child
• Any history of abuse among both parents
• Emotional ties between the parent and child
• Any ongoing substance abuse from either parents
• The proximity of the parent’s house from the child’s school and support system

These factors are heavily weighed to ensure the parent granted custody of the child can take full responsibility for caring for them.