Divorce Custody Rights

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In many divorce cases, the parents along with contributions from mediators, counselors and lawyers, decide the custody rights in an out of court agreement. However, if the parents fail to reach such an agreement, the court decides the custody rights. In doing so, the court intends the best interests of the child. In case the child is of adequate age, the court takes the opinion of the child in this regard.

Divorce Custody Rights to a non parent

In some cases, individuals other than the parents desire the divorce rights of custody. Such individuals may be close family friends, grandparents or other relatives. In some states, this situation is termed as "third party" or "non parental" custody. Some states do not define the intentions of these people as custody rights, but simply procuring "guardianship" of the child.

Sole Divorce Custody Rights

Physical Custody

• One parent lives and supervises the child
• The other parent is granted visitation rights, except when the court concludes that it is not in the best interests of the child to have visitation with this parent
• This is the most common custody plan

Legal Custody

• Only one parent is given the rights and responsibilities pertaining to the welfare of the child. This comprises of religious development, moral development, emotional concerns, medical care and education

Joint Divorce Custody Rights

Physical Custody

• Both the parents are awarded considerable periods of physical contact with the child

Legal Custody

• Both the parents share the rights and responsibilities regarding the decisions pertaining to the welfare, education and health of the child
• The parents must set aside any differences between them and cooperate with one another regarding the child
• If the parents can make this plan work, the law assumes that this arrangement is in the best interests of the children

Some Case Studies

Case

A divorced couple had made a non court agreement that they would switch their daughter every 4 days. Later the wife found that her ex did not have time for the daughter. He would attend work and leave the daughter with his new wife and son. So, the wife desired full custody. Is there any chance?

Solution

If the husband is not spending adequate time with the daughter, it is more sensible that the daughter spends more time with the mother. The custody plan can be altered to 6 days with the mother and 1 day with the father. However, the mother should realize that the daughter should understand that the step brother is her sibling. The daughter and the step brother should spend time together so that they get to know each other.

Case

A mother has sole legal custody and sole physical custody of her two children. Can her ex husband's new wife access the health and educational records of the children?

Solution

As the mother has sole legal custody, she is the singular person who can access the children's records. She may permit her ex to access these records. However, the ex does not have a right to sanction his new wife to do the same.

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