Child Custody Law

By Staff Writer


Child custody law varies from state to state. If you are contemplating divorce and you are worried about legal custody, it's best to consult a recommended website to discover your own state's custody laws and guidelines before you begin the process. Generally, most states will favor the best interests of the child.

State divorce laws will consider the employment of each spouse; the parents' geographical proximity; and their financial profiles. The child custody judge will want to see evidence of cooperation between the parents, and a good attitude which will foster amicable visitations post-divorce. Some states will have moral guidelines; conservative states, such as Alabama, will want assurance that the separating spouse has a good moral character and is not promiscuous before awarding custody.

Variations in Child Custody Law
Some states such as Illinois put the child's choice of parent, and the child's adjustment to home, school and community as the highest priority. Other states, such as California, adopt an approach that shared parenting is the best solution, and will try to hammer out various configurations of joint custody which can be agreed-upon by both parents. Some states will deny custody to the parent who appears to be unable to maintain an amicable relationship with the former partner, on the grounds that the embittered partner will create more stress for the children.

Child custody law distinguishes between legal custody and physical custody. Legal custody refers to a parent's right and obligation to make decisions on behalf of their child after a divorce, including education, health care, religious affiliation, and career training. Physical custody refers to the amount of time each parent is able to live on a day-to-day basis with the child. A comprehensive legal website will provide extensive information about your state's laws, as well as your state's divorce laws and alimony guidelines. Be sure to consult a recommended website for more information.