No bond is more precious than which exists between parents and their child. Hence, during custody disputes between parents undergoing divorce or marriage annulment proceedings, family law courts in the United States ardently try to protect this bond. Each state has different legislations pertaining to child custody, but despite its multiple nuances it is threaded by the same principle that it is a fundamental right of a parent to bring up and care for their children and only after due process of law can this be removed.

It would be most ideal to award joint custody to both parents, but in some cases it is not always the best decision to make. Generally, the court takes the best interest of the child or parental fitness into consideration. Most of the time though, legal custody is given to both parents with one retaining physical custody of the child. In other states, the court can grant custody to a non-parent if it believes that the child will be in danger in the care of either parent.

Traditionally, custody disputes favored the mother however in the 1970s unmarried fathers have began to assert their parental rights. This usually happens when the birth mother gives up their child or children for adoption, or when she marries another man and the latter petitions to adopt her children. Most of the time, as seen in precedent cases like Caban v. Mohammed and Quilloin v. Walcott, the best interest of the child is often considered the pre-eminent standard.

A parent given legal custody can make decisions pertaining to the rearing of the child. This can include but not limited to the child’s medical treatments, religious upbringing, and schooling. On the other hand, physical custody only bequeaths a parent the right to live with the child. Both legal and physical custody can be joint or sole in nature.

As mentioned earlier, child custody laws vary among jurisdictios. To learn about your rights as a parent it is best to contact child custody lawyers based in your state. Most firms specializing in family law have their own websites. When looking for child custody attorneys online, select one that has years of experience, objectivity and specialized knowledge in family law. More importantly, hire one you’re comfortable working with.

Hiring the best child custody attorneys can save you from being separated from your child. Visit the linked page for more info on child custody laws in the US

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