Child Custody Issues

Child custody is the judgment regarding the custody of a child, most often a minor, issued by the legal authorities, wherein the court of law decides which parent or relative will have the physical and/or legal responsibility of the child. When taking a decision on the child's custody the court takes into consideration the reports of an independent evaluation of the parents' psychological status, which helps to determine the ability of the parents to maintain the custody of the child. In some cases, even the reports of an independent psychological evaluation of the child is taken into consideration. Most often the child's evaluation is done when the attorneys representing either parent asks for an evaluation.

Child Custody: Joint Custody and Sole Custody
Child custody is broadly divided into two types - joint custody, wherein both the parents have the legal and physical custody of a child, and sole custody wherein only one parent has physical and legal custody of a child. In joint physical custody, also referred to as shared parenting, the child is allowed to reside with either of the parent for a significant amount of time. Joint physical custody requires cooperation from both the sides. It need not be an exact 50/50 split; sometimes the child may be allowed to stay with the mother for a longer duration and vice versa. The court will also take into consideration whether both the parents stay in close proximity and whether this arrangement will hamper the child's schooling. Joint custody, however, may not be in the best interest of the child. In sole legal custody, only one of the parents is given the right to make all the legal decisions pertaining to all the basics of the child, including health and education.

Child Custody Issues
When taking a decision regarding the custody of the child, the court takes into consideration the following factors.

• Living conditions of either parent.
• Financial stability of either parent.
• Siblings of the child.
• The relationship child shares with either parent.

When the court decides about the child's custody, most often it avoids moving the child out of the currently residing home, because if feels that leaving the house will add to the child's trauma. After divorce either one of the parent moves into a new house or both do. It can be an ideal situation for the court to decide about the custody of the child when one of the parent moves out after separation, but it can prove to be a difficult situation when both the parents move into new house. Yet another child custody issue the court will look into is the stability of both the parents. This will include taking into consideration day-to-day habits of parents, how long they have been working in the same job etc., which is meant to ensure that the child doesn't have to face sudden drastic changes in his life. Having siblings can be beneficial for the child, and make it easier for the court to give the judgment because the court avoids separation of siblings even when parents are splitting. Most often, the court decides that the child will live in the same house where the siblings live. This can, however, be an exception if major differences are observed among the siblings themselves. Sometimes, when it becomes difficult for the court to determine who will get the custody of the child, even after taking into consideration all the child custody issues, the court appoints a person to go to each of the parents home and review the relationship between the child and that parent. Based on the inputs provided by this person the court takes further decision about the custody of the child.

These child custody issues are very important as they determine how the child will grow up and his future. It is one of the most important decisions pertaining to the child's life, and hence the legal administration has to make sure that it is choosing what is in the best interest of the child. The court should also ensure that the child, who is already facing a traumatic separation of his parents, goes through a smooth transition. Child custody is one of the most important issues of the society, which can either make or break the child’s future, and hence has to be dealt in a proper manner.