More Details About Child Custody And Legal Guardianship

Child custody refers to the legal guardianship of a child, taking care of or making decisions about a child. There are two kinds of custody:
Legal custody refers to a legal right to make important decisions about the child's health care, education, etc but you do not actually live with the child.
Physical or residential custody refers to the legal right to have the child physically under your care most of the time.

Child custody refers to the legal guardianship of a child, taking care of or making decisions about a child. There are two kinds of custody:

- Legal custody refers to a legal right to make important decisions about the child's health care, education, etc but you do not actually live with the child.
- Physical or residential custody refers to the legal right to have the child physically under your care most of the time.

When two couples are married and living in the same house keeping the coupled relationship, then the child custody regulation will belong to both parents automatically. They will share physical and legal custody responsibility together, unless there is a situation where they have to separate and end their marriage life. Until that time, they will take care of the child and participate in making a decision about the child.

How do courts decide custody?

Surrounding the child and legal guardianship, there are always issues like residence and parent responsibility which sometimes lead into divorce proceedings, annulment and disputes in the physical assets and education fees, etc. In most local state's jurisdictions, the court decides custody based on the best interest of child when the parents are not in a position to come to an agreement on their child's custody issue.

It takes many factors when decide the best interest of the child who is involved, such as age and health of the child, sex and the primary caretakers before the divorce happened, parenting environments and the mental and emotional relationship between parent and the child.

There are few factors that are considered when determining the best interest of the child:

- Health and sex of the child
- Who was the primary caregiver prior to the divorce
- Parenting skills and willingness to take care of the child
- The emotional ties between parent and the child
- Willingness to facilitate visitation by the other parent
- Parent's moral fitness.

Even though it sounds like a matter of family issue, child custody still involves the actual child's circumstance, so both parents tend to be careful about the impact afterwords. Therefore in some states, courts use the term parenting schedule rather than custody or visitation because it will eliminate the distinction between custodial and non-custodial parents and thus the needs of children's development schedule. Younger children will need shorter but more frequent time with parents. Older ones need longer block of time with each parent instead.

Who will take over the legal guardianship between fater and mother? To the contrary of many people's assumption, mothers will not automatically receive custody. In almost all states, both mothers and fathers have an equal right to the custody. It is not automatically assumed by courts that a child will be better off with one of parents.

Due to its sensitivity, Judges are supposed to be fair and unbiased in their decisions on dealing with child custody case. If any, bias on the part of individual judges can be avoided if the parents can decide between themselves what the custody or parenting arrangements should be.

When it comes to the final decision of the custody, both sides of the parents will have an equal burden of proving in every efforts that his or her custody would be the best interest of the child. Some states have laws that give mother the preference of child custody, but even in those states many fathers have been successful in obtaining custody in the past. There are cases where the court make a formal decision of Legal Guardianship in which a judge orders to suspend parents' custody of their child and gives custody right to a non-parent.

If you plan to prepare your own child custody form, ensure that you have right legal forms signed by you and seek an advice from the lawyer for any unclear issue. You can find these legal documents at your local stationery or go online and search for Free Legal Forms and there are many choices out there with download options. Besides child custody forms, there are other legal forms related to divorce and dissolution of marriage such as Ratification of Marriage, Authorization to School and Power of Attorney by Husband and Wife. Such Free Divorce Forms are very helpful to you, as it is always recommended to be prepared in advance when you feel that you would be in a situation of needing legal documents in the future.