While custody rights vary in every situation, they are always decided based on the standard of child’s best interest. This only means that the child’s needs are more important than the preferences of the parent or other adult parties involved. It is common for a mother or a father to fight for primary or legal custody.
Who Gets Custody
Traditionally, mothers used to win primary custody, with the father giving child support. This setup, however, has changed, as the father can now obtain custody rights. This is especially true in cases where the mother is incapable or unwilling the support and take responsibilities for the child.
Family law attorneys in Denver, CO say there are some cases wherein stepparents assume child custody rights in remarriage or divorce. Grandparents, close relatives, and other person may also obtain legal rights, when assigning custody to biological parents is not possible.
Rights and Responsibilities
Child custody may involve different rights and responsibilities. These include the right to have the child live with the parent (physical custody) or the right to make important decisions for the child (legal custody). Both parties can agree on support and visitation rights, or let the court settle it if they can’t decide.
A parent granted with custody is the custodial parent, and will have responsibilities such providing basic necessities for the kid and assisting the child with legal decisions if required. The custodial parent, in some cases, may also be liable for certain legal violations of the child.
Seek Legal Assistance
The laws concerning child custody rights and visitation can be a complex matter. It is best for parents to hire an attorney to address their concerns or needs regarding child custody. The right family lawyer can guide a mother or a father, as well as inform them of the options available.
When custody has been decided, the other parent can contest it and ask for a modification. Court intervention may be necessary if both parties cannot work together and decide on a workable agreement. The court may only approve the modification if it supports the best interest of the child.