Custody Laws

Custody Laws: Variety in Each State

Custody laws vary by state. Essentially, it becomes an issue in situations where parents file for a divorce or legal separation. There can also be other situations where this can become an issue like domestic abuse or paternity but then divorce is the most common reason why child custody becomes an issue. Looking at how custody laws are in the state of Connecticut, it involves decisions made by the family court where sole custody, joint custody or third party custody is granted. In sole custody, the child physically resides with one parent. Joint custody refers to both parents having legal authority when decisions have to be made for the child.

However, you have to make the distinction between legal custody and physical custody. With legal custody as in the case of joint custody, decision-making about things that affect the child are given to both parents. On questions like what type of education the child will get, what form of nonemergency medical decisions - both parents have the legal authority. In talking about physical custody like in the case of sole custody, this pertains to where the child will live for the majority of the time.

There are also variety of factors that are considered in making the determination of child custody. Again, it would depend on the state where the custody case is being heard. In the state of Connecticut, the needs of the child come first. From that consideration, the parent’s ability is considered. This would go in relation to how the parent or the parents understand the needs of their child. The relationship that the child has with you and with your partner will also be considered. Things like cultural background also come into play.

When you consult with a lawyer about custody laws, you’ll have someone who can help you understand custody laws in your state.

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