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Child Custody LawsWhen parents are unable to agree on custody, the court will decide on responsibilities based on the case presented. In the majority of divorce proceedings where the splitting couple has agreed on custody, the court will usually adhere to the written agreement since custody battles can be detrimental to the overall well being of the children that are exposed to it. Child custody laws include decisions of sole custody or joint legal custody. It is important to remember that just because a marriage is ending does not mean the children's right to have relationships with both parents, given it is healthy, must end as well. Some divorcing couples will become so caught up in the emotion of the proceedings that they will threaten seeking sole custody just because they believe they are unable to make their relationship work. Divorces end marriages but should not always end the parent child relationship. The way joint legal custody is determined is if the children will gain beneficial physical, psychological, or emotional exposure from both parents. Courts will decide if the two parents are able to prioritize the needs of the children and make decisions based on their best interests. While the relationship between the two parents did not work, there must be the ability for the two parents to encourage a positive relationship between the children and the opposite parent. Joint legal custody also considers how much of a role, if any, the parents had in child rearing prior to filing for the divorce. There are other relevant factors in deciding child custody matters that can differ based on the particular case. |
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