Who Gets Custody of the Child?
May 6, 2021
“Who would get custody and visitation rights?” is one of the most important issues in a child custody case. The response to this key question can be difficult because there are so many variables at stake, but there are certain general rules and considerations to keep in mind when deciding on a caretaker for the child.
Identifying the Primary Caretaker for the Child
The decision of who is the primary caretaker is a big factor in determining who gets custody of a child after a divorce. This is the parent who not only performs the bulk of child care duties, such as driving the child to school or preparing meals, but also has the strongest emotional connection with the child. If the two parents reach an amicable agreement on their own, the courts are not required to intervene.
When there is a disagreement, however, the courts will weigh a variety of factors in determining who the primary caretaker is. The court may want to know which parent is in charge of the following forms of parental responsibilities:
- Grooming and bathing
- Meal preparation and planning
- Decisions on health care
- Basic skills, such as reading, are taught, and homework assistance is provided.
- Participating in outdoor activities and planning them
Understanding of “In Best Interest of the Child”
Whatever the court eventually determines in a custody hearing, it must find a compromise that is in the best interests of the child. While this may seem ambiguous, it ensures that all custody decisions must be taken in the best interests of the child’s happiness, mental health, emotional growth, and security.
- Parents’ physical, emotional, and behavioral health
- Special needs of the child
- Safe home environment and stable residence
- Relationships and interactions with other people living in the home
- Signs of drug or alcohol misuse
Divorce may not be a factor in child custody disputes. Custody battles can also break out between single parents or close relatives. There may also be non-divorce cases concerning grandparents’ visitation rights.
In most states, if a mother is pregnant, she is automatically granted full custody of her child unless the father makes an attempt to gain custody as well. However, child custody in non-divorce cases is determined in a similar manner to divorce cases. Many states have laws in place that allow a grandparent or other close relative to be granted custody of a child.
Hire An Experienced Family Law Attorney
For more information on family law matters, and for assistance on pursuing a child custody agreement, contact the local, trusted family law attorneys at Jodat Law Group! Offices in Bradenton, Sarasota, Venice, and Tampa, Florida. Who’s That? Jodat!
