Custody Battles

Custody battles arise when agreements over child custody in a divorce cannot be reached. Child custody has two basic components: legal custody and physical or residential custody. Legal custody refers to the degree of parental involvement in decisions affecting the child''s life. Physical or residential custody is who the child lives with (this parent is the residential custodian of the child). In joint custody cases both parents share legal and/or physical custody of the child.

Custody battles are settled in the court system after all other agreement alternatives have been exhausted. The simplest alternative is having both parents get together and decide how to arrange custody based on the best interests of the child, though this may be a difficult or impossible option. Mediation involves a neutral third party''s facilitation of negotiations about child custody details. They help parents to develop a parenting plan regarding how, when, where, and who will care for the child, again, based on the child''s best interests.

If agreements at this stage cannot be reached, several things should be considered before custody battles ensue. First and foremost, you will want to seek the expertise and counsel of a legal professional who can help to protect your best interests in the case. But you also may want to think about how custody battles are going to affect the children involved. Making sure that your intentions for pursuing child custody battles outweigh the harm that may be caused to your child can be important in deciding how to proceed.

Sometimes custody battles are unavoidable and must be settled in the family law court system. If custody battles ensue during your divorce case, there are a few things you can expect from this process. The court is going to put the best interests of the child above every other factor. The court may or may not take into consideration the child''s wishes, depending on relevant state laws and the age of the child. Courts traditionally favor the mother in custody battles, though it is no longer assumed that mom is always the primary caretaker. If the court decides that neither parent is fit for custody, a guardian ad litem may be appointed to make decisions in the best interest of the child. Unless substance or physical abuse is a factor in the situation, the court may decide to order an independent evaluation of both parents to determine custody suitability. This evaluation can be quite extensive and is usually performed by a social worker or mental health professional. Be prepared for this process to take at least a month.

If you do find that custody battles are the only way to settle custody disputes in your divorce, you should seek the professional help of a family law attorney as soon as possible. There are several steps and precautions that need to be taken immediately in order to protect your rights and interests in custody battles. Over 200,000 children are kidnapped by family members each year, which may be a risk factor in tumultuous custody battles over guardianship of children. Domestic abuse, restraining orders, your current place of residence, criminal, legal and medical records, and several other factors are all important to discuss with a legal professional as soon as possible. An experienced and qualified attorney can be your best asset in child custody battles.

Related Resources

Divorce Lawyer Source - Features excellent articles regarding divorce topics including money and child custody. The site also features divorce attorneys throughout the United States.

Divorce Central - Divorce laws by state. Legal, emotional, financial and parenting information. Bulletin boards and chat.

Houston Divorce Lawyer - Carl Selesky, helping families in areas in and around Houston, Texas.

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