How to Understand Child Custody Laws

Child custody laws can be difficult to understand, especially since they vary from state to state and also carry a lot of emotional weight. Examining them step-by-step will give you a solid understanding that will prepare you should you face your own child custody battle.

Instructions

1. Understand what child custody means. There are two types of custody-legal and physical-and you can have other sole custody or joint custody of a child. Legal custody means that you have control over vital decisions for your child, such as health and education. It is usually given jointly. Physical custody means that you live with your child and have control over where they call home. Joint physical custody can be emotionally difficult for children, and so it is usually given solely.

2. Realize that most child custody laws are state rather than federal, just as in most areas of family law. To explore your state's laws, locate your state's government website that lists the laws of the state. You will find child custody laws under "Family Law" if there is not a specific section for child custody.

3. Know what may lead a parent or guardian to gain physical custody of a child. Though requirements vary from state to state, the court is seeking the best living situation for the child when it awards custody. It will look at such things as the parent's interest in custody, ability to act in the child's best interest, the physical and emotional safety of the home, the child's overall needs and the degree of bonding between parent and child.

4. Recognize what may lead a parent or guardian to lose custody of a child. Placing the child in any sort of danger will put a parent in danger of losing custody. Threatening the other parent, refusing to acknowledge the other parent's visitation rights and participating in illegal activities are other common reasons to lose custody.

5. Determine how to contest child custody cases. If you feel that your child is or will be in a dangerous situation with the current custodial parent, you should contest custody. Obtain a lawyer specializing in child custody to discuss your case.

Resources

• Nolo contains lots of information and resources on family law.
• Cornell offers a list of laws relating to child custody.