Joint Custody Laws-Child Custody Laws In The United States

When a relationship breaks down and there are children involved joint custody laws and the child custody laws that will operate in your situation are sources of concern, and worry for parents.

When a relationship breaks down and there are children involved joint custody laws and the child custody laws that will operate in your situation are sources of concern and worry for parents.
Child custody laws in the United States vary from state to state although they are drafted within similar overarching principles. Joint custody is a favored option and is the default option in many states in the U.S.-in 35 states to be precise together with the District of Colombia.
This essentially means that the laws of these states contain a strong presumption that the best type of custody when the relationship breaks up is that of joint custody. This means that the child custody laws of these 35 states see the father and mother as the joint natural custodians of the child and the effect of this is that both are held responsible for the care, welfare, support, and education etc of the child.
So where the parents are living apart the court will have to decide how this joint custody is given best effect. But the important thing to note that in making that decision the court will start from a neutral position, that is, nor favoring the mother over the father or vice versa. Each parent has equal powers, rights and responsibilities and if one parent should die or abandon the arrangement then custody of the child will devolve to the other parent.
Where the parents live apart the court will put a custody arrangement in place which recognizes this legal presumption but also recognizing the practical reality of parents living apart. This will then involve according visitation and other rights and obligations to the non custodial parent.
Unless it is not in the best interests of the child the court will assume that joint custody of the child is the best option and in coming to a decision as to sole custody or joint custody the court will consider the best interests of the child along the lines of the willingness of the parents to share custody, the ability of a parent to support a custody arrangement and the willingness and sincerity of both parents to share custody and engage with the child custody process.

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