Children and divorce: The basics of custody and child support

In the classic movie "Kramer vs. Kramer," Joanna (Meryl Streep), unhappy with how her married life turned out, left her husband Ted (Dustin Hoffman) and her son to fend for themselves, only to return and seek sole custody of the child. During an emotionally charged court scene, where each party laid down his and her arguments, the husband said, "What law is it that says a woman is a better parent simply by virtue of her sex?" In turn, the wife said, in few but loaded words: "A boy needs her mother."

 

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Such lines strikingly echo how both parents view their chances at winning a custody battle. Fathers think mothers have an unfair advantage, and mothers think their former husbands are too busy and too detached to nurture their children. But stereotypes aside, the law accords each parent an equal right to custody of a child.

Divorcing spouses may decide about custody without court or other third party intervention. But if by any reason parents could not reach a decision, then the court has to intervene.

 

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Legal custody entitles a parent to the right to make decisions concerning the needs and wellbeing of the child. Some state laws award joint legal custody, allowing both parents to retain their legally ensured rights to decide for and about their child.

Meanwhile, in physical custody, the court determines with which parent the children should stay. The other parent, on the other hand, is given visitation rights, the schedule of which may be decided either by the court or through mutual agreement by the parents.

 

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In some cases of physical violence, or financial or emotional incapacity in one party, which can hinder children's development or even endanger their safety, the court grants one parent sole custody. The other parent is granted liberal visitation rights, unless his or her presence causes stress or harm to the children.  

Divorce attorney Maria Rivera Ortiz has worked on all aspects of family law, including child custody, for over two decades. Be informed about the basics of parental rights and more by subscribing to this blog.