- The reason for these laws is to ensure the safety of children by placing them in the safest and most loving environment. They also help set the rules that the adults must follow, so as not to cause confusion for the children and to make sure that there is no contention between parents.
- There are different types of custody that children can be placed in. Temporary custody places the children in the custody of an individual while a divorce and final custody is being determined. In most cases, it is one of the parents. Exclusive custody gives custody to one parent. In this case the parent that does not get custody will usually receive supervised visitation. Joint custody is the most common. This is when the parents share custody of the children. They have equal say in how the children are raised. In rare cases the court will give custody to a third party, such as a grandparent. This when neither parent proves to be fit.
- If there is more than one child, the court has the ability to separate the children because they are looking at what is best for each individual child and not as the children as a group. If the custody parent requests relocation, he must ensure that the original custody arrangements, such as visitation are still possible. The court will also want to check to see that other relationships, such as with relatives and friends, will not cause undue harm to the children if relocation is allowed. Only a few states require permission from the non custodial parent for relocation.
- For exclusive custody, the parent that does not win custody normally receives the right to see the children. As a fail safe for visitation rights, if the court decree fails to mention visitation rights, then the law itself implies that the non custodial parent has visitation rights. This way only a court order actually banning visitation can take away visitation rights.
- The court can deny visitation if one party proves that the relationship would be harmful. In looking for the best interest of the children, the court sometimes fails to consider what the children would like. In this way relationships can be damaged on a more permanent basis due to the fact that the children are kept away from a parent. If relocation is an issue, the custodial parent should make an effort to contact the court and inform all those involved in the decision. If court permission is needed, it is advised not to move until allowed. If non custodial parent permission is required, then that should be obtained as well. Moving prior to this could result in a charge of kidnapping with a result of prison time.
