The State law is related to child custody following a divorce than the Federal government laws. So, each of the 50 states has various regulations related to it. However, these different states’ laws are more or less the same in other aspects of child custody. From the legal point of view, the mother and father should be treated equally in child custody disputes. Primarily, the custody decision should consider the children’s best interests.
Neither parent has a choice of an automatic preference in terms of children’s custody based on the sex of the parent. Following the principles of equality and the United States, both parents are regarded as the same. Previously, before the 1970s, the majority of the states applied the doctrine by which mothers were automatically titled as custodians as far as the mother was fit to take care of the custodial needs. Here, we will discuss a few aspects of the family laws related to the custody of children.
- Ronald Phillips New York about joint custody
Joint custody is a concept developed in the 1970s after the image of equal treatment of both the mother and father started. The two parties in joint custody will have equal rights to make significant decisions related to the child, including education, healthcare, religious beliefs, and decisions on extra-curricular activities and other choices. Ronald Phillips New York explains another part of joint custody as physical custody, which refers to the time duration the child may spend with each of their parents. Joint physical custody splits into an almost equal amount of time for the child with both the parents.
- Sole custody
Another option for raising children after a divorce is to go for sole custody, which means the child will spend most of the time with either one of the parents. This primary custodian is authorized to make all major decisions related to the child’s upbringing, including education and healthcare, etc. The other parent is entitled to spend only minimal time with the children, referred to as visitation. In case of sole custody, the child may be paying only minimal time, like every other weekend or one weeknight, etc., with the non-custodial parent.
- Factors to decide children’s custody
After divorce, in more than 90% of the cases, the child custody disputes are settled on mutual agreement between the parents. A family attorney does this with or without legal representation. Once the deal is made, the parents may come to the court and reflect on the agreement. If the parents cannot agree on children’s custody, the judge may decide by considering various factors. One major factor to consider is the best interest of the child. The court will be checking it out with the children as to which parent they have a closer bond with. The court may ask questions or take measures to understand the presence of the parents and children to determine their feelings about each parent.
Ronald Phillips New York also points out that modification of the custody is also possible later with or without going to the court at a later stage by both the parents.