Understanding Child Custody Laws

For parents who decide to separate or divorce, just thinking about child custody laws can feel sad or even disheartening. Stories about heated custody battles in the courtroom are daunting to hear, but the truth is that not every family goes through an extensive custody fight. Moreover, most states want parents to decide their parenting plan on their own. 

Understanding child custody laws will make this situation much less scary, but how does one begin to understand these complex laws? For starters, there are a few key points to know about child custody laws such as how they work, how they determine parenting responsibility, and how to get more information about them. 

Understanding How Child Custody Laws Work

First, it's important to understand that child custody laws vary by state. Even though the differences in laws between states may seem slight, those that are specific to your state are what will count in your case. Some states even use different terminology when discussing matters traditionally known as "child custody." For example, this recent article by Illinois Divorce Professional Karen Covy describes Illinois' shift from using the term "custody" and replacing it with the concept of "parental responsibility." Wherever you and your co-parent legally reside, be sure to get to know the child custody, or parental responsibility, laws and terminology within that state. 

More than understanding how child custody laws vary by state, you should also understand what they often cover. Child custody laws typically take into account both legal custody and physical custody. Legal custody determines how parents will remain legally responsible for a child as far as making big decisions goes over matters like education, health care, and even religious practice. Physical custody denotes a child's living arrangements and, if custody is to be shared, how much time they will spend in the physical care of each parent. 

How Child Custody Is Determined

In most states, family courts prefer that divorcing parents reach an agreement on their own or with the help of alternative dispute resolution techniques like mediation or collaborative practice. Doing so will often save both parents a good deal of money and time that would have been spent in court, and it often leaves each parent feeling more satisfied with the child custody arrangement. This is because they were able to have a more direct hand in formulating the agreement. If parents cannot agree, then their child custody arrangement will be determined in court by a judge. 

How to Learn More About Child Custody Laws That Impact Your Case

The best information that you can receive in regards to child custody laws relating to your exact case is by working with a family law professional, such as an attorney or mediator, who practices in your state. Once they get to know your situation, they will be able to apply their knowledge of your state's child custody laws and offer you guidance as you work through your case. On top of working with a professional, you can also do some of your own research online. Here you'll find articles about divorce and child custody laws and other resources for each state.

Understanding child custody laws begins with knowing how they work, how they determine custody, and how you can properly educate yourself on the laws that will impact your family. Beyond knowing the laws, having a plan for how you will enact your custody agreement is key to successful co-parenting after divorce. Click here to learn more about tools that can help you manage your parenting plan and custody agreement.