Laws about child custody vary from state to state. To get the most up-to-date information, you should look at the laws in your state. When it comes to child custody laws, only a few states have all the steps set out for parents who are splitting up and their children. During and after a divorce, these rules will help the judges decide who will have custody of the children.
With the exception of transporting children across state lines, there aren't many federal laws that deal with who has custody of a child. States do have different laws about who has authority over what in other states, but not all states agree on this. So, if one parent lives in one state and the other parent and children live in another, the state where the children live will have more power. Of course, you have to think about where the papers for the divorce and child custody were filed.
Who has the kids? When making laws, the best interests of children come first. The point of child custody laws is to keep kids away from people who abuse drugs or alcohol. Laws also keep children from going to places where they can see that they are being hurt mentally or physically. Most states like it when both parents have a role in raising their children. This is called "joint custody." Both parents would have legal and physical custody of the kids.
It's very important to know the difference between these two types of child custody laws. The place where the children live is where they have physical custody. When a child lives with one parent most of the time, that parent has "physical custody." During the summer, kids often leave one parent's house to live with the other. When these things happen, one parent gives up physical custody to the other.
Legal custody means having the right and duty to make important decisions about a child's health, education, and well-being. Most of the time, the same parent has both physical custody and legal custody, unless the parents have joint custody. When this happens, the court may decide that the parent with whom the children are living at the time can decide what is best for the children. But it would be smart for the parents to agree on what to do.
Again, look into the child custody laws in your state or province to figure out what's best for you during these hard times. Always think about what's best for the kids when making these kinds of decisions.
