Child Custody

Child Custody in United States

Child Custody Definition

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Custody (Of A Child) definition in the Law Dictionary

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The term “child custody” usually refers to the child’s parent who has the right to spend the most time with the child and has the most responsibilities and rights associated with the child.

Types of Child Custody (in General)

(In United States law, in the context of Child Custody) Although most people believe that child custody refers to physical possession of the child, there are actually two different types of custody: physical custody and legal custody.

Physical Custody

Note: Find out more information about this topic in this American legal Encyclopedia. Physical custody refers to the right of the parent to have the child live with him or her. If the child primarily resides with one parent, this parent may have sole physical custody.

Legal Custody

Note: Find out more information about this topic in this American legal Encyclopedia. Legal custody refers to the right of a parent to make major decisions regarding the child. This usually includes decisions regarding the child’s health, education, extracurricular activities and religion.

Joint Custody

Note: Find out more information about this topic in this American legal Encyclopedia. The current trend of many courts and legislative bodies is to recognize the importance that each parent plays in the child’s life.

Child Custody Evaluations (in General)

(In United States law, in the context of Child Custody) Some jurisdictions complete child custody evaluations so that the court can gather more information about the situation and so that it can be more informed when making decisions pertaining to the child.

Guardian Ad Litem

Note: Find out more information about this topic in this American legal Encyclopedia. In some cases, the court may appoint a guardian ad litem, who is a lawyer or other individual who acts in the interests of the child.

Best Interests of the Child

Note: Find out more information about this topic in this American legal Encyclopedia. Courts generally use the “best interests of the child” standard when determining custody issues.

Judge’s Determination

Note: Find out more information about this topic in this American legal Encyclopedia. After hearing the testimony and reviewing the evidence presented at the hearing, the judge may make a decision on the spot or after giving consideration to the case.

Determining Custody (in General)

(In United States law, in the context of Child Custody) There are generally two types of ways that custody decisions are made: by agreement or through contested hearings.

Custody Agreements

Note: Find out more information about this topic in this American legal Encyclopedia. Oftentimes, parents may generally agree about which parent should have primary custody of the child.

Mediation

Note: Find out more information about this topic in this American legal Encyclopedia. Mediation is a non-adversarial process in which the parties of a legal dispute attempt to work out a settlement of their case.

Parenting Agreement

Note: Find out more information about this topic in this American legal Encyclopedia. Some jurisdictions use what is called a “parenting agreement” to outline the parents’ plan on how they will designate parenting time and make decisions pertaining to the children.

Contested Custody Issues (in General)

(In United States law, in the context of Child Custody) If the parents do not agree on which parent should have sole custody or that joint custody should be awarded, they may proceed with a contested case.

Pre-Hearing Processes

Note: Find out more information about this topic in this American legal Encyclopedia. Between the initial filing and the court appearance, there may be several processes that are involved.

Modifying a Child Custody Order (in General)

(In United States law, in the context of Child Custody) If one or both of the parents want to change the child custody order, one parent may petition the court for a modification.

The United States Child Custody Laws

General summary of the United States laws and regulations governing child custody decisions, rules, and procedures; including information about how family courts determine who gets custody, whether joint custody is offered, the availability of grandparents' visitation rights, the age at which the child's consent is needed and the types of custody. See the information on the child custody litigation issue in this American legal encyclopedia.

Resources

See Also

  • Legal Topics.
  • Childcare; Childhood; Children’s Rights; Divorce: Effects on Children; Divorce Mediation; Family Law; Gay Parents; Grandparents’ Rights; Guardianship; In-Law Relationships; Lesbian Parents; Stepfamilies

    Illegitimacy; Gay and Lesbian Rights; Family Law; Parent and Child.

    Related Case Law

    troxell v. granville, 120 s. ct. 2054 (2000).

    Further Reading (Books)

    arditti, j. a. (1991). “child support noncompliance anddivorced fathers: rethinking the role of parental involvement.” journal of divorce and remarriage 14:107_120.

    bartlett, k. t. (1999). “child custody in the 21st century:how the american law institute proposes to achieve predictability and still protect the individual child’s best interests.” willamette law review 35:467_476.

    bobroff, r. (2000). “the survival of grandparent visitationstatutes.” clearinghouse review 34:284_288.

    bruch, c. s. (1988). “and how are the children? the effects of ideology and mediation in child custody lawand the children’s well-being in the united states.” international journal of law and the family 2:106_126.

    buser, p. j. (1991). “the first generation of stepchildren.”family law quarterly 25:1_18.

    chambers, d. l. (1990). “stepparents, biologic parents, and the law’s perception of ‘family’ after divorce.” in divorce reform at the crossroads, ed. s. d. sugarman and h. h. kay. new haven, ct: yale university press.

    charlow, a. (1987). “whose child is it anyway? the bestinterests of the child and other fictions.” yale law and policy review 5:267_290.

    clark, h. h., jr. (1988). the law of domestic relations in the united states, 2nd edition. st. paul, mn: west publishing.

    czapanskiy, k. (1989). “child support and visitation: rethinking the connections.” rutgers law journal 20:619_665.

    dudley, j. r. (1991). “exploring ways to get divorced fathers to comply willingly with child support agreements.” journal of divorce and remarriage 14:121_135.

    elrod, l. d. and ramsay, s. h. (2001). “high-conflictcustody cases: reforming the system for children conference report and action plan.” family law quarterly 34:589_606.

    erlanger, h. s.; chambliss, e.; and melli, m. s. (1987).”participation and flexibility in informal processes: cautions from the divorce context.” law and society review 21:585_604.

    goldstein, j.; freud, a.; and solnit, a. j. (1979). beyond the best interests of the child, 2nd edition. new york: free press.

    Further Reading (Books 2)

    grillo, t. (1991). “the mediation alternative: process dangers for women.” yale law journal 100:1545_1610.

    kelly, j. b., and lamb, h. e. (2000). “using child development research to make appropriate custody and access decisions for young children.” family and conciliation courts review 38:297_311.

    maccoby, e. e.; buchanan, c. m.; mnookin, r. h.; anddornbusch, s. m. (1993). “postdivorce roles of mothers and fathers in the lives of their children.” journal of family psychology 7:24_38.

    maccoby, e. e., and mnookin, r. h. (1993). dividing thechild. cambridge: harvard university press.

    melli, m. s. (1993). “toward a restructuring of custodydecision making at divorce: an alternative approach to the best interests of the child.” in parenthood inmodern society, ed. j. m. eekelaar and p. sarcevic. dordrecht, netherlands: martinus nijhoff.

    melli, m. s.; brown, p. r.; and cancian, m. (1997). “childcustody in a changing world: a study of postdivorce arrangements in wisconsin.” university of illinois law review 1997:773_800.

    milne, a., and folberg, j. (1988). “the theory and practice of divorce mediation: an overview.” in divorce mediation, ed. j. folberg and a. milne. new york: guilford.

    mnookin, r. h. (1975). “child custody adjudication: judicial functions in the face of indeterminacy.” law and contemporary problems 39:226_293.

    mnookin, r. h., and kornhauser, l. (1979). “bargaining in the shadow of the law: the case of divorce.” yale law journal 88:950_997.

    pearson, j., and thoennes, n. (1988). “divorce mediationresults.” in divorce mediation, ed. j. folberg and a. milne. new york: guilford.

    sapone, a. i. (2000). “children as pawns in their parents’fight for control: the failure of the united states to protect against international child abduction.” women’s rights reporter 21:129_138.

    schepard, a. (1985). “taking children seriously: promoting cooperative custody after divorce.” texas law review 64:687_788.

    Further Reading (Articles)

    scott, e. s.; reppucci, n. d.; and aber, m. (1988). “children’s preference in adjudicated custody decisions.” georgia law review 22:1035_1050.

    seltzer, j. a.; schaeffer, n. c.; and charng, h. (1989).”family ties after divorce: the relationship between visiting and paying child support.” journal of marriage and the family 51:1013_1031.

    weiner, m. (2000). “international child abduction and theescape from domestic violence.” fordham law review 69:593_706.

    More Related Articles

    CUSTODY COMMOTION OREGON ACCUSES WSU MOM OF CUSTODIAL INTERFERENCE DESPITE VALID IDAHO PAPERS, The Spokesman-Review (Spokane, WA); November 3, 1995; Eric Sorensen Staff writer

    Twisted custody battle entangles V.I. and Florida judge, Virgin Islands Daily News; February 17, 2004; MEGAN POINSKI

    Joint Custody — Protecting The Interest Of Children?, Washington Informer; December 20, 1995; Wilhelmina J. Rolark

    Custody Changes Questioned; Opponents Say New Law Will Complicate Divorce, The Washington Post; January 25, 1996; Michael A. Fletcher

    Child Custody and Support, Child Development; January 1, 2002

    Custody, American Law Yearbook 2005; January 1, 2006

    BEYOND CUSTODY COLORADO, OTHER STATES PUSH LAWS REQUIRING PARENTS TO SHARE RESPONSIBILITY FOR KIDS.(Home Front), Rocky Mountain News (Denver, CO); March 15, 1998; Simons, Janet

    Child Custody: Practice Standards, Ethical Issues, and Legal Safeguards for Mental Health Professionals, Family Relations; October 1, 2002; Brandt, Elizabeth Barker

    Custody Evaluations without Psychological Testing: Prudent Practice or Fatal Flaw?, Journal of Psychiatry & Law; April 1, 2008; Hagan, Leigh D. Phd Hagan, Ann C. Ba

    Joint Custody Proving No Panacea for Children, The Washington Post; September 12, 1995; Sandra G. Boodman

    Joint custody makes sense: Today’s children aren’t suffering from too much parenting, Charleston Daily Mail; February 9, 1999; DAVID L. LEVY

    Child Support/Custody, Gale Encyclopedia of Everyday Law; January 1, 2006

    Joint custody – Rare, Jerusalem Post; February 11, 2005; ADV. AMIHOUD BOROCHOV & LOUISE BOROCHO

    Surveying Youths in Custody, Corrections Today; December 1, 2009; Sedlak, Andrea J.

    LEGAL COMMENTARY; Custody, Arab American News; August 22, 2003; Awad, Mahmoud M.

    CHILD CUSTODY, LAW, AND WOMEN’S WORK, Canadian Journal of Family Law; January 1, 2003; Gavigan, Shelley A M

    Who gets custody? The most combative phase of a divorce extracts a high price., Chicago Tribune (Chicago, IL); April 24, 2000

    Conducting Child Custody Evaluations: Best Practices for Mental Health Counselors Who Are Court-Appointed as Child Custody Evaluators, Journal of Mental Health Counseling; January 1, 2014; Patel, Samir H. Choate, Laura Hensley

    Joint custody just won’t work: Parents who won’t cooperate cannot be forced to do so, Charleston Daily Mail; February 5, 1999

    PROTECTING CHILD CUSTODY RIGHTS FOR SERVICE MEMBERS SHOULD BE A PRIORITY., States News Service; February 26, 2010

    Child Custody in State Statute Topics

    Introduction to Child Custody (State statute topic)

    The purpose of Child Custody is to provide a broad appreciation of the Child Custody legal topic. Select from the list of U.S. legal topics for information (other than Child Custody).The term “child custody” usually refers to the child’s parent who has the right to spend the most time with the child and has the most responsibilities and rights associated with the child.

    Types of Child Custody (in General)

    (In United States law, in the context of Child Custody) Although most people believe that child custody refers to physical possession of the child, there are actually two different types of custody: physical custody and legal custody.

    Physical Custody

    Note: Find out more information about this topic in this American legal Encyclopedia. Physical custody refers to the right of the parent to have the child live with him or her. If the child primarily resides with one parent, this parent may have sole physical custody.

    Legal Custody

    Note: Find out more information about this topic in this American legal Encyclopedia. Legal custody refers to the right of a parent to make major decisions regarding the child. This usually includes decisions regarding the child’s health, education, extracurricular activities and religion.

    Joint Custody

    Note: Find out more information about this topic in this American legal Encyclopedia. The current trend of many courts and legislative bodies is to recognize the importance that each parent plays in the child’s life.

    Child Custody Evaluations (in General)

    (In United States law, in the context of Child Custody) Some jurisdictions complete child custody evaluations so that the court can gather more information about the situation and so that it can be more informed when making decisions pertaining to the child.

    Guardian Ad Litem

    Note: Find out more information about this topic in this American legal Encyclopedia. In some cases, the court may appoint a guardian ad litem, who is a lawyer or other individual who acts in the interests of the child.

    Best Interests of the Child

    Note: Find out more information about this topic in this American legal Encyclopedia. Courts generally use the “best interests of the child” standard when determining custody issues.

    Judge’s Determination

    Note: Find out more information about this topic in this American legal Encyclopedia. After hearing the testimony and reviewing the evidence presented at the hearing, the judge may make a decision on the spot or after giving consideration to the case.

    Determining Custody (in General)

    (In United States law, in the context of Child Custody) There are generally two types of ways that custody decisions are made: by agreement or through contested hearings.

    Custody Agreements

    Note: Find out more information about this topic in this American legal Encyclopedia. Oftentimes, parents may generally agree about which parent should have primary custody of the child.

    Mediation

    Note: Find out more information about this topic in this American legal Encyclopedia. Mediation is a non-adversarial process in which the parties of a legal dispute attempt to work out a settlement of their case.

    Parenting Agreement

    Note: Find out more information about this topic in this American legal Encyclopedia. Some jurisdictions use what is called a “parenting agreement” to outline the parents’ plan on how they will designate parenting time and make decisions pertaining to the children.

    Contested Custody Issues (in General)

    (In United States law, in the context of Child Custody) If the parents do not agree on which parent should have sole custody or that joint custody should be awarded, they may proceed with a contested case.

    Pre-Hearing Processes

    Note: Find out more information about this topic in this American legal Encyclopedia. Between the initial filing and the court appearance, there may be several processes that are involved.

    Modifying a Child Custody Order (in General)

    (In United States law, in the context of Child Custody) If one or both of the parents want to change the child custody order, one parent may petition the court for a modification.

    Resources

    Further Reading

    Child Custody, Sexual Behaviour and the Law

    Child Custody

    See Also

    Child Support; Divorce

    Further Reading


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