Parents are responsibility for the welfare of their children, and make the decisions involved in raising their children. The parents choose where the children live, what schools they go to, their religious upbringing, health care and more.
When a separation or divorce occurs and the parents are not able to arrive at a custody agreement, one or both parents may call on the court to make the decision. The court becomes the child's guardian from that time forward. The court is then responsible for the wellbeing of the children, and will decide which parent will have custody at the court's behest.
Child custody refers to the guardianship of children involved in a separation or divorce case. District and state courts base their child custody decisions on child custody laws for their state.
Child custody laws vary greatly from state to state. The child's best interests are supposed to take top priority. The judges understanding of the law, prevailing local custom, and best interests of the child will determine the judges decision.
The judge will decide who gets custody, and when and how much access, visitation, and financial responsibility the non-custodial parent will have.
Child custody laws and cases are confusing. Do not be blindsided. Get informed with our How to Win Child custody books. Learn and prepare yourself for child custody war.
The most difficult things to remember are
(1) that the laws are subject to interpretation by the judge, and
(2) the part of the government under which your case is heard is called Justice, however, the responsibility of the court is to protect the law, not your children or you.
Don't rely on the justice system, or the court to keep your children safe.
The real message on this page is that
Child custody cases are usually settled before the final court date.
Judges often take the recommendation of an evaluator, who, in most cases does not have a law or evidence background.
How information is presented, and to whom it is submitted, will determine if it has any probative value in the case.
Not making the right impression on the people who will make the final decision can kill your case on the first day.