Custody Issues

Custody issues often arise when a couple decides to separate or divorce. Couples usually don't disagree about who the child should actually live with. In most cases, they decide that the mother will have physical custody and continue to be the primary caregiver. However, both parents may wish to retain legal custody. This means each parent will have equal say in important childrearing decisions. Couples who are having difficulty reaching an agreement can benefit from private or court ordered mediation. This process interjects a level headed third party into these discussions. Such intervention can help keep child custody issues from turning into a prolonged court battle. Occasionally, one parent will want to cut off the custody rights of the other parent completely. In such cases, each parent will need an experienced attorney to represent them in court. The process of proving that a parent is unfit can be highly destructive to a child's relationship with both parents. It should only be used as a last resort if a parent actually presents a danger to the welfare of the child or to the other parent.

Fast Facts

  • A stepparent can petition the court to adopt a stepchild and obtain custody rights.
  • Frequent modifications in custody and visitation can cause undue stress for children.
  • Good record keeping is one of the keys to successfully winning a custody dispute.

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  • Other Custody Issues: Adoption

    The process of adoption is a legal process by which a person becomes a member of a family who is not their bir...
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    • 5 of 8 user(s) found this useful
  • Child Support and Child Custody Issues in a New York Divorce

    If there are children involved, child custody and child support is one of the most difficult issues in a divor...
  • Special Issues with Child Custody

    Several special issues with child custody may arise. When custody determinations are initially made, they are ...
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    • 10 of 12 user(s) found this useful
  • Emergency Child Custody

    Serious issues can arise with child custody. The state often leaves much of the decisions about custody up to ...
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    • 5 of 7 user(s) found this useful
  • An Overview of Child Custody Law

    Following the separation of biological parents, the future of the offspring produced by the relationship is in...
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    • 6 of 10 user(s) found this useful

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