Getting Child Custody During the Tender Years

Child Custody is a broad legal term that in the United States relates to the legal relationship between an adult parent or legal guardian and a child over that person’s care. In simple terms, custody is about who makes the important decisions about the children and how those decisions are made. Where there has been no court ruling on the question of who makes those decisions, that decision will be made by the guardian ad litem of the court. This is one of the primary cases that a lawyer can help with, especially where there is abuse or neglect involved in the decision-making.


the authority to make decisions about the children

Child Custody as we know it today was created as part of the Family Law in British Columbia in Canada. The word “custody” derives from the word “consequently” and comes from the English word “parent.” Therefore if you were to say that a parent had custody, then that means they have the authority to make decisions about the children. It is not about visitation or any other type of decision-making that only a legal guardian has. So, when you are looking for a family law lawyer you need to make sure that your questions are answered specifically on child custody.


involve child custody

The first step is to begin the process of working on the proceedings that involve child custody, which can take many different forms. First, if a marriage has ended and there is still a child or children involved (including non-dependent minors) then the divorce action will be about child custody. The papers that can be used in the divorce action can be about the child custody, the names of the parents and the guardian ad litem of the court, and even information on how the marriage could have been terminated and about what should have been done to save the marriage. Some administrative rules and regulations go along with all of this that need to be followed.


a licensed family law attorney

If a man is seeking to get child custody for himself then it must be done through a licensed family law attorney. This is especially true if the father is going to be the primary wage earner for both mothers and fathers in the case of divorce. Fathers have a better chance of getting their best interests taken care of when they are working in an environment that is staffed with professionals who understand the fathers’ rights and what is best for their best interest during the divorce proceedings. In most cases, the father should have an advocate on his side in the divorce proceedings, especially if he is seeking custody of the children.


full custody of the children

A father who does not live with his wife and is not financially supporting her can be a prime candidate for child custody. Sometimes both parents want to be involved in the child’s life and do everything they can to be a part of it. When parents can a parent, then the child custody will almost always be shared between the parents. However, if one parent has more income and is the sole breadwinner then that parent will almost always have full custody of the children. Even if that parent does not have joint custody, the courts will still consider which parent is more likely to help raise the children.


the visitation rights of each parent and their ages

Other factors determine child custody in a divorce case such as the visitation rights of each parent and their ages. The age of the divorcing couple and whether or not the parents live with their children will also play a big factor in how much time the mother and father get to spend with their kids. Parents who live together may also be able to use the age of the child as a tool for winning child custody battles. If the child is very young (under one year old) then the father should try to encourage visitation time. Many times this will mean additional child support payments to the custodial parent, but if the parents can work out a good arrangement then it might be worth it.

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