This means becoming familiar with child custody rights which encompass both the physical and legal rights established to protect the best interest of the child/children.

Seeking legal representation is probably the simplest way to learn about child custody rights. However, The Children’s Rights Council, based out of Washington, D.C. is another really great source for information accessible through the internet.  Covering everything from child support rules and custody laws, to child support issues and visitation (access). Membership is required.

In the eyes of the law, both parents have an equal right to their children. But rights can also be granted to grandparents, stepparents, or any other legal guardian.  Federal custody laws lay the groundwork but more often its local jurisdiction that make and implement laws that ultimately decide how child custody rights are awarded.

Frequently, in the midst of a child custody dispute, the court will encourage parents to try to work out a child custody agreement on their own.  Relying on the hopes that parents know, and will do what is best for their children.  Unfortunately, divorcing parents can be blinded by any number of emotions and fail to see what’s best.  Yet, if a family can come together on a custody agreement determining custody and visitation that allows for the child/children to have a relationship with each parent, usually this is a better alternative then letting a judge decide your children’s future.

In child custody cases where a couple is battling for the rights of their children, biological parents are almost always favored.  As long as the biological parent is deemed competent and fit, then he/she will most likely be awarded legal custody.  Of course if both parents want full custody, and both are equally fit, then the judge will have to make a decision for the best interest of the child/children.

In the past, custody was almost always awarded to the mother.  But now judges are more likely to award child custody to the most qualified parent.  However, mothers are still awarded custody of the children 70% of the time.

Parents having difficulty reaching an agreement over child custody rights might consider using a mediator before it becomes a matter for the court to decide.

When child custody is left up to the courts, the family court judge will take into consideration many things when deciding the future of the children. The court will hear testimony from family members (including the parents and the children, if old enough) and expert testimony from a psychologist who will look at a number of factors regarding both the parents and the best interest of the child in hopes of resolving any child custody issues.

A judge has to award both physical custody rights and legal custody rights. The parent with whom the child resides becomes the primary caretaker and is said to have physical custody. While legal custody rights, determine who can make decisions with regard for the welfare of the child. Usually physical and legal custody rights are granted to the same parent but sometimes they may be split. One parent may be granted both, and the other might share only in the legal custody rights.

Divorce is hard on everyone involved, but children are affected the most. So parents need to put their children’s lives first and do what’s best for them.  Often this means putting aside personal issues and using their child custody rights in a way that will have the best outcome for the children when deciding who will get legal and/or physical custody.