
In all legal matters concerning child custody and visitation
the main consideration will always be: "What is in the
best interest of the child(ren)?" Courts universally recognize
that after a divorce or separation, both parents have a duty
to provide for the well-being of their child(ren). In deciding
which parent will have custody and when visitation will be allowed,
the court has two goals; 1) to allow each parent to maintain
a relationship with the child(ren) and 2) to require each parent
to contribute to the care and upbringing of their children.
The parent who has custody is called the custodial
parent. He or she provides the everyday care and maintenance.
The parent who does not have physical custody of the child(ren)
is called the non-custodial parent. He or she usually will be
allowed reasonable rights of visitation with the children.
Divorce is a difficult situation for many children.
They suffer most when they are used as weapons in continuing
battles between their parents over custody, support, and visitation.
The principle that guides judges in making their decisions is-"What
is in the best interest of the children?"-This principle
should guide parents as well.
The law states that the judge shall not give
preference to either parent based on the sex of the parent or
children, and that the court shall not presume that either parent
is more fit than the other to have custody.
A judge considers many factors determining
custody, including: