Child Custody Rights

Written by Michael O'Brien
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Going through a divorce can be a very difficult process in and of itself. But if children are involved, the difficulty is compounded even more. This is why understanding your child custody rights as a parent is crucial in making the process at least a little easier.

Being Aware of Your Child Custody Rights

The notion that the mother has more rights to child custody after divorce is a thing of the past. In the eyes of the law, both parents, mother and father, have equal rights in this matter. In most cases, both parents will then play an equal role in all the major decisions of their children's lives. As for who will be the primary guardian, (meaning, who the child will live with the most on a day to day basis), the issue is decided based on several considerations.

Most of the time, the courts will want the divorce process to disrupt a child's life as little as possible. This will not only mean allowing both parents to be in the child's life, but also maintaining a home situation the child is most accustomed to. It's preferred in most cases that siblings be kept together, and that the children live in the same home they always have. If one parent is going to continue to live in the house the children already reside in, the courts may prefer to award primary guardianship to that parent.

Child Custody Help

Being aware of your child custody rights as a parent is crucial in making the already difficult divorce process just a little less so. Legal misconceptions can breed unnecessary anxiety, which is the last thing you'll need at that point in your life.

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