Child custody is the term used to describe the legal relationship (when pertaining to divorce) between a parent and child in regards to making decisions and the care provided. During the divorce proceedings it is determined which parent has the best interests of the child and who can take best care of them. While parents usually agree to this, some do not. The parents who don’t, will accuse the other of bad behavior, including sexual, physical and emotional abuse. These disputes must be resolved by the family courts. The divorce decree will show who the child will live with and determine visitation to the other parent.
The overriding consideration in determining custody is always the child's best interests. If the children are old enough, the courts will discuss with them before making a decision. Factors that are taken into account include:
· Most stable home environment
· Wishes of the child (if old enough)
· Parents health, both physical and mental
· Religion
· Support with members of extended family of either parent
· Best school
· Age and sex of child
· Use of excessive discipline or emotional abuse by parent
· Parental alcohol and/or drug use
In addition, there is a preference for the parent who can demonstrate that he or she was a child's primary caretaker during the marriage. Primary caretaker responsibilities include:
· Bathing, and dressing the child
· Cooking meals
· Laundry
· Visitations to doctors
· Extracurricular activities participation, such as soccer, baseball and swimming
· Assistance with school subjects
One parent will be given physical custody, meaning the child will live most of the time with that parent. However, both parents will have "legal custody" of the child. "Legal custody" is the right to make decisions about the child's well being.
In some cases, the child will spend an equal amount of time with both parents; this is known as joint custody. There are pros and cons about joint custody. Seeing both parents an equal amount of time seems less like a divorce. However, having one home base is sometimes best for the child. Joint custody requires cooperation between the parents.
Although not favored by most courts, split custody sometimes occurs. This is where one parent has custody of one child while the other parent has custody of another. Courts usually prefer not to separate siblings.
In most states, when the child's parents are not married, the mother will be awarded sole physical custody unless the father contests this and fights for custody. In this case, the father often cannot win custody over a mother who is a good parent.