What Exactly is Child Custody?
Divorce is already hard. Your entire life is being turned upside down, from your finances, your living arrangements, romance, and getting your life back on track post-divorce.
But what about your kids? When children are involved, the divorce process can be much more difficult and even more emotional.
When two spouses decide to end their marriage, they are expected to come to an agreement regarding the arrangements of their divorce, including the division of their assets and property, spousal support, who gets the house, child support, and most importantly, what happens with the kids?
Child custody is a court’s determination as to which parent, relative, or adult should have physical and/ or legal control and responsibility for a minor child under 18 years of age.
Are All Forms of Child Custody the Same?
For the most part, child custody is split into two different categories: physical custody and legal custody.
Physical custody is the time spent with each parent. This can be both their physical residence as well as visitation.
Legal custody refers to the ability to make important decisions regarding their child. This can be schooling, healthcare, religious upbringing, and other significant decisions a parent can make for their child’s wellbeing.
Both physical and legal custody can be joint or sole custody. Courts prefer parents to share joint legal custody, even if physical custody goes primarily to one parent. The court wants both parents to have an equal say in their child’s health and safety.
It is believed that the healthiest way to raise a well-rounded child is with the input and efforts of both parents.
But what if the court feels like the child would prosper better without the input of one parent’s physical or legal custody?
What Do Courts Consider When Determining Custody?
The most important thing to the court is the wellness and health of the child. Their decision-making process will revolve around information given to the court by you and your soon-to-be-ex-husband, as well as metrics they have available to them that are used to decide custody.
When trying to figure out what is best for the child, the court will examine your circumstances as well as several other factors, which may include but are not limited to:
- The child’s preference
- The child’s age
- Special emotional or medical needs
- The relationship between the child, their parents, and other children in the family, such as half-siblings and step-siblings
- The mental and physical health of both parents
- The ability of each parent to provide the necessities of the child
- Any reports of domestic violence in the home
- The current living situation and routine of the child. This includes childcare, school, and extracurricular activities.
- The emotional and social impact on the child should custody change
It is important to remember that the court will consider all circumstances when determining custody, not just one or two factors. For example, the court will consider the wishes of the child, should they be at an age where they can be expected to make reasonable decisions for themselves. But if the child prefers a parent that the courts feel is unsafe or unable to care for that child properly, the court may disregard the wishes of the child.
The court may rely upon expert evaluations made by professionals regarding custody and what is best for the child. These professionals, which can include counselors, social workers, mental health professionals, and doctors, may have unique insight regarding the best course of action for the child.
What Can Result in the Loss of Custody?
When you know that the court will consider the best outcome for the child when determining custody, it makes it easier to understand why a court would decide to reward custody to one parent or remove custody from one parent.
Below are some of the most common reasons a mother may lose custody of her child:
- Child abuse or neglect
- Spousal abuse
- Drug or alcohol abuse
- Isolating the child from the noncustodial parent
- False claims about the noncustodial parent
- Violation of custody order or visitation
- Significant health issues
When considering custody or deciding to shift custody from one parent to the other, the court will consider any of the above violations. It used to be a common misconception that abuse can only come from the father figure. Still, it is important to remember that the court recognizes that either the mother or the father can be guilty of abuse.
Are You Worried About Losing Custody of Your Child?
The thought of losing either physical or legal custody of your child is a nightmare any mother would fear. You birthed and cared for your child, and thinking about not being by their side as they grow into a young adult is terrifying.
If you feel like your kids may be taken from you unfairly, please call us at 240-616-6968 to speak with our compassionate team of family lawyers. When you work with us, you work with an experienced team that understands the importance of a mother’s love in a child’s life.