Federal Child Custody Laws

• If you and your spouse are planning to divorce soon, it's important that you know your options when it comes to child custody arrangements. Federal laws concerning child custody help to ensure that children are properly cared for after a divorce, and the regulations will help you to come up with a plan that works for your family.
  
  

Court of Jurisdiction

• In the United States, the court of jurisdiction concerning divorce proceedings is the court in the state in which the couple reside. In keeping with common statutory provision, both parents of the child have equal rights to custody of the child upon the ending of the marriage. Most states strive to maintain joint custody for children after a divorce, but there are cases in which one parent is awarded custody, if it has been proven that one parent is more qualified to care for the child. Courts also have the right to grant temporary custody to one parent, which means this parent is solely responsible for caring for the child for the duration of the divorce or separation proceedings.
  
  

Visitation

• According to federal law, if the state court awards sole custody to one parent, the remaining parent is granted visitation rights. This means the noncustodial parent is permitted to visit the child and maintain a relationship with the child. Even if the custody agreement that is mandated by the court does not mention visitation, the law automatically implies that visiting and interacting with the child is the right of the parent who does not have custody. If it is proven that visitation from the noncustodial parent would cause harm to the child, i.e. the parent is physically or emotionally abusive, the court reserves the right to deny visitation rights. A parent may also be denied the right to visitation if the parent has a mental illness that entails behavior that would negatively affect the child, such as bipolar disorder.
  
  

The Child's Best Interest

• The child's well-being and best interest is always taken into consideration when determining custody arrangements. Most states will take the child's input into account, especially if he is over the age of 12, when deciding which child the parent should live with, or how the child can divide his time between both parents. The child's daily routine will be considered, and it is likely that the courts will place the child with the parent who can keep the child in the same school or in the same neighborhood. The intent and character of anyone who can impact the child's best interest, such as the child's siblings, half-siblings, stepparents or extended family, is also a factor when awarding child custody. While each state has the power to make a custody ruling for the child, courts across the country must see to it that the custody decision is best for the child, not the parents.