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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