Legal Definitions - child custody

Child custody refers to the legal arrangements made for the care and upbringing of a child after a divorce or separation. The court decides who will have custody of the child and what kind of custody arrangement will be made.

There are several types of custody:

• Joint custody: Both parents share equal rights and responsibilities for the child's upbringing.
• Exclusive custody: One parent has all custody rights to the exclusion of the other parent.
• Temporary custody: One parent is granted custody of the child during the divorce or separation proceeding.
• Third-party custody: A third party, such as a grandparent or other close relative, is awarded custody of the child.

When one parent is awarded exclusive custody, the non-custodial parent has the right to visit and spend time with the child, unless there are extraordinary circumstances. The court may impose restrictions on visitation if it is deemed to be in the best interests of the child.

For example, if a non-custodial parent has a history of physical or emotional abuse towards the child, the court may deny visitation rights. Similarly, if a non-custodial parent has a severe mental illness that would emotionally harm the child, visitation rights may be denied.

If a parent refuses to obey the court's visitation or custody decree, the court can order the parent in indirect contempt of court.

When determining custody arrangements, the court considers the best interests of the child. This includes the wishes of the parents and the child, the child's relationship with each parent, the child's comfort in their home, school, and community, and the mental and physical health of everyone involved.

For example, if a child has a strong bond with both parents and is doing well in their current school and community, the court may award joint custody to both parents. On the other hand, if a parent has a history of abuse or neglect towards the child, the court may award exclusive custody to the other parent.