Child custody is when a court has to step in and decide what is in a child's (under age 18) best interest. There are two types of child custody determinations: physical custody and legal custody. Physical custody designates which person a child actually resides with and legal custody gives the custodial parent(s) the right to make decisions on behalf of the child. In addition, there is an option called joint custody (in the case of a divorce) which can be either legal joint custody or physical joint custody.
After a parent is awarded custody of a child, the court may order the non-custodial parent to help pay for the care of the child as part of the divorce, dissolution or separation proceedings. The amount to be paid is based on the income of both parents, the number of children and the expenses (health care, school tuition, special needs, etc) of the custodial parent. Under normal circumstances, child support is paid by the non-custodial parent until the child reaches 18.
Child custody issues also arise in situations other than divorce. In the event that a parent is unfit to care for a child, custody can be awarded to grandparents, aunts, uncles or even a close friend if a judge determines it is in the child’s best interest. Often times, a relative petitions the court for custody of a child in a bad parenting situation. This puts the family in a compromising situation. The attorneys at Isaac, Brant, Ledman & Teetor LLP act as a buffer and handle this sensitive situation in a professional manner.
