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divorce custodyWhen children are involved in a divorce, child custody is one of the major areas of negotiation and agreement that will take place. Divorce child custody cases are handled through each state''s (or county''s) family law system. When the papers are first filed for divorce, child custody may be temporarily awarded to one or both parents at the discretion of a family law judge. Restraining orders and court ordered child support may be temporarily ordered in divorce child custody cases when necessary.
During a divorce child custody can be negotiated between the two parents and approved by a judge, a mediator might facilitate child custody negotiations, and/or the family law system will hear a contested divorce child custody case and decisions will be made by a family law judge. In situations where the divorce child custody does not involve extenuating circumstances, such as domestic abuse or major conflict of interest, the case can usually be handled out of court and a judge will simply approve the final arrangements.
There are two types of custody that can be awarded in divorce child custody cases. Legal custody refers to the responsibility of each parent or guardian to wield decision making authority in the child''s life. This decision making authority determines how a child will be disciplined, and guides the course of a child''s education, health care, extra-curricular activities and the other major areas of a child''s life. Physical custody in a divorce child custody case is the responsibility of one or both parents for physically providing child care, including a home to live in, transportation, and more. Physical custody may also involve the division of time a child will spend with each parent on weekends, summers, and holidays.
As a result of divorce, child custody can be awarded to one parent or guardian, giving that individual sole or primary responsibility for the child. When it is in the best interest of the child, the court will mandate that the non-custodial parent pay child support. When court-ordered, child support payments are compulsory and failure to pay can result in a number of significant penalties.
Joint child custody may also be awarded in divorce child custody cases. When joint child custody is awarded, the two parents will negotiate a parenting plan that details how parental responsibility will be divided. The family law system in every state will always make decisions in divorce child custody cases to protect the best interests of the child. The court will carefully consider all facts pertinent to the divorce child custody case before determining which action will yield the most benefit to the physical, psychological and mental well being of the children involved. In all fifty states, grandparents also have the right to petition the family court for visitation rights to the child during the divorce child custody negotiations.
During a divorce, child custody negotiations are best facilitated with the help of an attorney who can protect and maximize their client''s interests in order to help ensure a fair ruling in divorce child custody proceedings.
The fate of a 6-year-old boy living in Delaware could set a precedent for how US-international divorce custody cases are fought and won. A custody battle between the boy’s parents, Henry and Jody Baxter, recently ended with the Philadelphia US 3rd Cir...