How Child Custody Rights Are Made

Posted by Alan Finkel on September 11th, 2023

When determining child custody rights, there are various significant factors to consider. If you're divorcing, you'll want to know if your child will reside mostly with you. Alternatively, whether you are capable of making important decisions on how to raise your child. If you are a close relative or family friend of a child who is not yours, you may be wondering if you can obtain custody of that child.

Parents who are new to the child custody system may have a number of questions. How are custody decisions determined for children? And what is the difference between physical & legal custody? Who will be in charge to make the decision about custody?

The following is a quick rundown of how to decide on child custody agreements…

If you're a parent thinking about divorce or are already in the process, you're undoubtedly wondering how to handle child custody and visitation difficulties. In general, child custody and visitation will be decided by either the divorcing spouse (typically with the assistance of attorneys and mediators) or the court.

More specifically, custody and visitation choices in a divorce are often decided in one of two ways:

1) Decisions on Divorce and Child Custody

The parents reach an agreement on child custody and visitation. They can accomplish this through informal settlement negotiations or out-of-court alternative dispute resolution procedures like as mediation or "collaborative law" (typically with the assistance of attorneys). The court (typically a family court judge) decides on child custody and visitation. In certain circumstances, the ultimate decision-making power is the court. In order to make the best decision for the kid, the court will consider a number of pertinent criteria. The court will then make a custody decision based on what is best for the child.

2) Child Custody Decisions and Unmarried Parents

The rights of unmarried parents in child custody may be contingent on whether both are legally recognized as the kid's parents. If the parents are not married, they may be required to recognize the father's paternity. If the father's paternity is not willingly acknowledged, the court may be forced to use a DNA test to confirm paternity.

In general, both parents have a legal right to participate in their child's life. This includes essential parenting decisions such as education, health care, and religion. It is often better for everyone if the parents can reach an out-of-court agreement on child custody and visitation. This allows the parents to reach an arrangement that is best for them without having to rely on a court. If the parents cannot agree or mediation fails, the case must be decided by a family court judge.

Do You Have Any Concerns About How Child Custody Decisions Are Made? Consult An Attorney

If you and your co-parent are fighting over child custody, you should be aware of the child custody laws. You'll also want to know how your child's decisions will be made. Family law and custody issues can be complicated, and emotions are frequently running high.

A child custody lawyer can assist you in navigating your custody issue. They can offer crucial legal counsel and represent you in child custody proceedings. Family law professionals can assist you in drafting a custody arrangement and resolving a custody dispute.

Contact a local KY Child Custody Attorney for assistance right away.