Child Custody Overview

Child custody can be a major source of contention during a divorce or separation process. While some parents can find a solution through out of court negotiation or mediation, many parents must go through the court system in order to have their legal rights recognized and protected.

Proceedings

There are different proceedings regarding child custody that depend on the state where you live and whether or not you were married. Child custody can be determined during the divorce process or through a separation agreement. In some cases, a court order of protection is used if domestic violence is involved in the relationship. Some states hold that parents have equal custodial rights until a divorce decree or legal separation presents a different solution. If a child is born out of wedlock, the father may not have any legal right to custody until he petitions the court for paternity and is granted visitation or custody rights.

Hearing

If the parents are not able to reach a custody agreement, the requesting party can ask for a hearing. During this hearing the judge will hear testimony and view evidence in order to make a determination of what is in the best interest of the child.

Testimony

The type of testimony offered is important in a custody case. You will want to prove to the judge that you are a proper and fit parent. Furthermore, you want to prove that the child will be best if left in your primary care. You may want to have other witnesses testify as to your character. Teachers, principals and medical professionals may also provide helpful testimony during the hearing.

Evidence

A family law attorney can assist you with your case and in the presentation of evidence. Courts have strict guidelines regarding the presentation of evidence and courtroom decorum. For example, some types of evidence cannot be presented without providing fair warning to the other party’s counsel.

You may want to provide pictures to the judge of your residence and your child’s room to prove that you provide a healthy and stable home environment. If there has ever been any abuse or neglect, you should document this evidence with a healthcare professional or law enforcement. You can also provide records that demonstrate your child’s progress in school.

Factors Considered by the Court

A judge will make an objective analysis of what is in the best interest of the child when considering which party should receive custody. The judge will look at the health of each parent, any history of drug or alcohol abuse or domestic violence, the presence of stability, love and affection in the household, and the child’s preference.

If custody is awarded to one parent, the other parent may request a modification of the child custody order if circumstances change that warrant a re-examination of the case.