Child custody laws are formed under the family laws in civil law. These are the laws that guide how a judge or how the state views what is in the best interest of the child. If you are involved in a child custody case, it is imperative that you learn the laws that affect custody so you can have a favorable result in your case.
The common principle that guides all custody laws is the idea of what is in the child's best interest. This means that the laws have been made so that the child will be taken care of after the parents divorce. Even though custody laws are unique to every state, this principle behind them is the same.
One law that applies in every state is that parents have the right to see and visit their child. Unless, such as in cases of abuse or other neglect, the visits are detrimental to the child. Parents do not need to give up their right to visit the child simply because the other parent said so. It has been decided that the best interest of the child is to have good relationships with both the mother and the father.
As far as granting custody goes, the courts should view both parents as equal caretakers. More and more states are deciding that joint custody should be the default arrangement unless one of the parents is proved to be an unfit parent. An unfit parent usually means that the parent has been abusive, has taken or is currently taking illegal drugs, or is involved in crime.
The basic law of child support is also enacted in every state. The way the amount of child support is calculated varies from state to state, but every state requires that the parents provide financially for their children. Although, it is important to note, that visitation cannot be denied if the other parent is behind in child support payments.
Because every state has different custody laws, you should find the specific laws that will apply to your case. These can be found at the library, online, from your attorney, or at the courthouse. This should help you create the custody agreement that you want.
The common principle that guides all custody laws is the idea of what is in the child's best interest. This means that the laws have been made so that the child will be taken care of after the parents divorce. Even though custody laws are unique to every state, this principle behind them is the same.
One law that applies in every state is that parents have the right to see and visit their child. Unless, such as in cases of abuse or other neglect, the visits are detrimental to the child. Parents do not need to give up their right to visit the child simply because the other parent said so. It has been decided that the best interest of the child is to have good relationships with both the mother and the father.
As far as granting custody goes, the courts should view both parents as equal caretakers. More and more states are deciding that joint custody should be the default arrangement unless one of the parents is proved to be an unfit parent. An unfit parent usually means that the parent has been abusive, has taken or is currently taking illegal drugs, or is involved in crime.
The basic law of child support is also enacted in every state. The way the amount of child support is calculated varies from state to state, but every state requires that the parents provide financially for their children. Although, it is important to note, that visitation cannot be denied if the other parent is behind in child support payments.
Because every state has different custody laws, you should find the specific laws that will apply to your case. These can be found at the library, online, from your attorney, or at the courthouse. This should help you create the custody agreement that you want.
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Find the child custody laws in your state and learn the child visitation laws that will decide your case.