How Parental Custody Rights Are
Child custody is probably the most emotional and important issue for parents facing
divorce. During divorce or marriage annulment proceedings, the issue of child
custody rights often becomes a matter for the court to determine the legal guardianship of a
child under the age of 18. It is generally determined on the basis of what the court deems in the best interests'
of the concerned child or children. In most cases of parents or guardians separating, the court will decide on
which parent will be better able to provide for the child's needs.
Parents always want the best for their children. However, when divorce happens, there is
often disagreement between parents about what is best for the children and which of them should have custody of
their children. Parenting Plans, Mediation, and Support/Intervention in high conflict cases: the second pillar
establishes a legal expectation that parents jointly develop a parenting plan before any court hearing is held on
matters related to post-separation parenting. The courts role would then be to approve the negotiated
Parental custody rights, responsibilities and the type and amount of contact the children
have with each parent will need to be sorted out. If parents cannot work out and agree on responsibilities and a
parenting arrangement, the court will step in to make a legal custody and physical custody determination, typically
using the "best interest of the child" standard.
rights are considered a series of rights and responsibilities that govern a parent’s caretaking
relationship with their child and may include legal custody matters and physical custody matters.
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