For most parents going through a divorce, custody issues are the primary concern. However, it is important to understand that the courts have one goal: to ensure that the custody agreement after divorce is in the best interest of the child. In all possible scenarios, the courts wish to see both parents continuing to participate in the child’s life after divorce.
Custody Laws
Each state has different laws regarding child custody. Some states presume that parents have joint custody, while others do not. Some states may also presume that in the case of unmarried parents, the mother automatically has custody of the child, while other single mothers are expected to file for custody, even if the father is not involved.
Note: State courts take into account various factors, including, but not limited to, the parents’ willingness to cooperate in raising the children, the necessity of appointing a guardian or attorney for the child, as well as a list of legal factors to determine child custody issues.
Answers to Frequently Asked Questions
Divorce can be one of the most challenging events in anyone’s life, and there are often more questions than answers. Here are some frequently asked questions and answers about divorce and child custody-related events.
I feel that when my spouse cheated on me, they abandoned our marriage. Will the courts see it this way too?
The courts are more concerned about their relationship with the children than your marital relationship. If they were involved in the children’s lives before the divorce, it is reasonable to expect that the courts will support their involvement after the divorce as well through joint custody or extensive visitation rights.
My partner and I are in a same-sex relationship, and I don’t want our children around them. Will the courts see this as harmful too?
First, remember that the courts may not share your views about the impact of same-sex relationships on children. Second, from the court’s perspective, it may be more harmful for your children in principle to deprive them of a continued relationship with one parent than any negative impacts they might experience from being in contact with the previous parent.
Can my partner give up their rights to child custody?
Generally, no. Even if they have never exercised their rights to child custody, courts prefer to have the option later to hold them accountable for paying child support if you or your child need financial assistance.
We have a temporary custody agreement, and my partner wants more visitation time. However, I am reluctant to make changes to the schedule. What should I do?
Discuss the situation with your partner and establish some ground rules for changing the schedule. For example, requests for changes should be made with at least 24 hours’ notice and should be communicated through you first before being suggested to the children.
Custody Laws for Unmarried Parents
Regardless of whether unmarried mothers are required to file for child custody, unmarried fathers can apply for custody and visitation rights, even if they are not listed on the birth certificate. Here are some frequently asked questions about custody rights for unmarried parents:
I did not put my partner’s name on the birth certificate, but they now want to apply for custody. Can they do that?
Yes. Even if the father’s name is not on the birth certificate, he can still apply for custody of the child or visitation rights.
I will have primary custody; however, my partner wants regular visits. Do courts typically grant overnight visitation rights for infants?
Most
The courts will not grant night visits until the child is at least three years old. At the same time, shorter and more frequent visits are encouraged so that a strong bond can be established early on.
My co-parent is ignoring visits. Will court help me?
While courts grant visitation rights, they are not in the business of forcing parents to exercise those rights. Consider discussing with your partner the reasons they are hesitant to exercise their rights and how you can help them gain confidence in their parenting skills.
After four years of being absent, my ex-partner and their new spouse want to apply for custody. Is this an attempt to avoid payment? Should I be concerned?
Since they have not been involved in your child’s life up to this point, they will need to prove that you are unfit as a parent to win custody of the child. While this is unlikely, you should speak with a lawyer about your case and begin preparing for the possibility that they may at least be granted visitation rights with your child.
Resources for Parents in Custody Disputes
Even if you decide to represent yourself in court, you should discuss child custody laws in your state with a qualified attorney. Fortunately, there is free legal assistance available for those who qualify. Try the following:
- Contact legal aid in your state.
- Reach out to local law schools to inquire about free legal clinics.
- If you are a victim of domestic violence, contact a local shelter to inquire about legal assistance.
- Renew a free consultation with a qualified child custody lawyer in your state.
Tips for Difficult Child Custody Battles
To start, find an attorney you trust. Winning a child custody case is about more than understanding child custody laws. It’s also essential to feel comfortable with your lawyer and feel that they are representing you fairly.
Actively participate in your case by doing as much research as possible, following the steps recommended by your lawyer, and thoroughly preparing for the child custody hearing. At the same time, do not do anything that will add to the case against you. Remember that your partner’s attorney may be looking for information to use against you, so make sure to act responsibly and avoid ugly confrontations with them.
Source: https://www.thebalancemoney.com/state-by-state-child-custody-laws-2997621
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