Custody Of Children

Custody of children is determined during the separation or divorce process. Mothers are usually given sole custody but this depends on the specifics of the case. Siblings are kept together whenever possible. However, in some cases they may be split up if it is determined that this would the best solution. For example, one parent may not have the resources available to effectively care for both children. Or, there may be a history of problems in the home that negatively affect one child more than another. Under these circumstances, one or more of the siblings may be sent to live with other relatives. Grandparents are often chosen to take custody of children if the parents are not willing or able to take responsibility. If there is evidence of abuse or neglect on the part of the parents, the state may also take custody of children and place them in foster care. Custody rights of parents are only terminated in extreme cases.

Fast Facts

  • In some states, visitation is called "possession". The parent who gets visitation is called the "possessory conservator".
  • In some states, one parent has sole decision making power over where a child will live - even if joint custody has been granted.
  • In some states, one parent has custody, so moving a minor child out of the U.S. is may treated by law enforcement as kidnapping if it occurs during a custody disputable decision making power over where a child will live - even if joint custody has been granted.

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