Child Custody

Child custody is a legal term for the residential relationship between parent and child. Also known as guardianship, custody laws dictate parental rights, duties, and access when it comes to the care of a child.

Custody issues usually come up when a marriage dissolves. Courts award custody to the parent or guardian whom it feels will fulfill the best interests of the child. This is changing from the historical biased toward the mother.

There are typically two types of custody:

• Sole - where only one parent has full legal and physical custody of the child.
• Joint - where both parents share physical and/or legal custody of the child.

Custody decisions determine "custodial" or "residential" parents and "non-custodial" or "non-residential" parents. This simply is the decision determining with which parent the child primarily live.

Custody issues tend to be the most bitter and emotional battles in a divorce proceeding. These battles make the court's decision more difficult to decide the best interest of the child.

If you have any questions regarding parental rights, speak with a local family law attorney to protect your rights regarding your relationship with your child.