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General Information About Child CustodyHow does a court decide who gets custody of a child when the parents are getting a divorce? The court will decide what is in the best interests of the child. The court does not assume that either the mother or father will be the better custodial parent. When parents are married to each other, each parent has equal rights to custody of the child. The court will look at all important factors, including:
What if I was never married to the father of my child? How will the court decide custody? The court will look at the same factors listed in the answer above. If the parents were never married, the mother has legal custody of the child until a court issues a different custody order. Joint custody is when the people who have custody of a child share the authority and responsibility for the major decisions about raising the child. This includes decisions about the child’s education, health care and religious training. It does not necessarily mean that each parent has the child one half of the time.My aunt is trying to get custody of my child through a guardianship. Do the same factors apply? No. The factors listed above apply to custody disputes between children. If the custody dispute is between a parent and a non-parent, the court will still consider the best interests of the child. However, the court will also assume the parent should have custody. Generally, the non-parent will get custody through guardianship only if the child’s parents can’t or won’t take care of the child. Last revised: 8-2003LSC Code: 1310100 |
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