Child Custody & Family Law

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The question of Child Custody arises when parents decide to put an end to their relationship with each other through divorce or annulment. Child custody refers to the legal and practical right over the child. Most countries follow the legalities put forward by the United Nations Convention on the Rights of a Child.

The most appropriate analogy that can be drawn in this case is Robert Benton’s 1979 film Kramer vs. Kramer, based on the book by the same name by Avery Corman. In this film, Joanna Kramer (Meryl Streep), frustrated with her role of a housewife taking care of her son Justin Henry, abandons her husband Ted (Dustin Hoffman) in order to explore her “self”.

Hence, Ted is forced to raise his son by himself. Although initially his workaholic attitude was one of the driving forces behind his wife’s plee, he eventually involves himself in childcare so deeply, that he even loses his job out of negligence!

Once Joanna comes back from New York after two years, she launches into a legal battle over Justin Henry’s custody. However, in the end, Joanna realizes that Justin’s ideal life is with his father, and she relents.

While trying to win child custody parents make various claims regarding themselves and allegations against their spouses/partners. False accusations of child sexual abuse, financial and educational incompetency made by parents against each other are common.

In 1994, the judge ruled against a woman named Jennifer Ireland in the battle for her child’s custody, sighting her action of placing her four year-old daughter in day care because of her work as one of the deciding factors. Julie Kunce Field, an attorney from Michigan, fought her case, attracting to it national attention in 1994. In 1995, the ruling changed in the favor of Jennifer when judgment based on a working parent’s child care methods was dropped.

Troubled pop star Britney Spears finally lost her long drawn child custody battle to her ex husband Kevin Federline who won custody of their two children, while she received visitation rights. Spears has been accused of alcohol abuse, negligence while driving with children and reckless behavior in public.

The most important thought to be kept in mind by parents, attorneys, psychologists analyzing the case, and the jury is the child’s interest. Although sole custody is a viable possibility, in most cases the legal system grants joint custody of the child.

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Raleigh North Carolina Divorce lawyer Kim’s practice concentrates heavily in the litigation of complex custody and equitable distribution cases. She also heads the firm’s appellate advocacy group. Kim has successfully represented many clients in domestic cases before the N.C. Court of Appeals. A member of
Leading North Carolina Divorce Lawyers of Gailor, Wallis & Hunt, PLLC

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During the starting phase of child custody arrangement we need to consider different alternatives regarding different types of possible custody arrangements. For example, both of the parents might want to work out an arrangement under which you both make decisions on the child’s upbringing and wellbeing. This type of arrangement is called “joint legal custody” in most states. Or, you may sense that your counterpart is currently unfit or incapable of any parental responsibility, in that case you may wish to have sole custody of your child.

Custody Types

1. Legal Custody

grants a guardian the right to make long-standing decisions about the future of a child, and key aspects of the child’s wellbeing - including education, medical care, dental care, and religious instruction. In most of the cases, joint legal custody is awarded to both parents except it is revealed that one of them is unfit, or is unable of making right decisions about the child’s upbringing. Legal custody is different from physical custody, which involves issues such as where the child will live.

2. Physical Custody

of a child gives the right to grant everyday care for the child. When a physical custody is granted to a parent then he dictates about the living location of the child. Recent custody provisions give physical custody to custodial parent and grant visitation rights and shared legal custody to the non-custodial parent. Usually, visitation rights offer the non-custodial parent exclusive time with the child every other weekend, alternating major holidays, and a number of weeks during the vacations.

3. Sole custody

of a child has exclusive physical and legal custody rights regarding the child. Sole guardianship arrangements are very rare, and are generally restricted to situations where one parent has been deemed in poor condition or unable of having any form of responsibility over a child — for example, due to drug addiction or proof of child ill-treatment. In sole custody situations, the child’s non-custodial parent has neither physical nor legal custody rights, but may be entitled to periods of visitation with the child.

4. Joint custody

It has two phases: joint legal custody and joint physical custody. A joint custody order can have one or both parts.

Joint legal custody refers to both parents sharing in major decisions affecting the child. The custody order may describe the issues on which the parents must share decisions.

Joint physical custody refers to the time the child spends with each parent. The amount of time is flexible. The length of time could be relatively moderate, such as every other weekend with one parent; or the amount of time could be equally divided between the parents. Parents who opt for equal time-sharing have come up with many alternatives such as: alternate two-day periods; equal division of the week; alternate weeks; alternate months; and alternate six month periods.

Sometimes neither parent can correctly assume custody of the children. Possibly because of substance abuse, a mental health problem, and absence or incarceration. In these situations, someone other than the parents may be granted custody of the children or given a temporary guardianship or foster care arrangement by a court.

Pete Cordelli interviews lawyer Miles Mason, Sr. of Crone & Mason, PLC, on the topics of Child Custody, Custody, and Family law in Memphis, Nashville, Brentwood, and Jackson TN.

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