Generation
Information About Legal Topics
Topic 123: How Custody Is Determined
(revised 10/97)
When parents
divorce, the court must determine custody arrangements for
the children. The guiding principle used in determining custody
arrangements is the best interest of the children. The court
has many options including awarding primary custody to one
parent or some combination of joint legal and/or physical
custody. Joint custody does not mean the child spends the
same amount of time with each parent. The emphasis is on the
best interest of the child and shared parental responsibility,
not equal rights for parents. Nor does joint custody mean
the child support payments abate merely because both parents
are joint custodians. Joint custody means that each parent
has full rights of access to medical and educational information
about the child. Each parent is regarded by the court as a
fit, proper person to be parent to the child. As joint custodians,
each parent shares in decision making rights and responsibilities
relating to the health, education and welfare of the child.
In some cases the court acts to impose a detailed temporary
visitation structure while the case is pending.
But, what
if the lifestyle of your child's other parent is repugnant
to you, what if he or she does not share your religious and
moral beliefs? These are issues which may affect custody arrangements
and should be brought to the attention of your attorney.
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