An Examination of Family Law Issues Pertaining to Child Custody

Family law, in accordance to the text by E. Allan Farnsworth, "is concerned with the relationships between husband and wife and between parent and child, with the rights and duties that spring from these relationships by operation of law or contract, and with the status of married persons, or family members, and especially children." This paper touches upon the area of family law which pertains to child custody and the elements in which a judge determines such a case.

First and foremost, child custody refers to the general care and maintenance of an adolescent in which the right may be awarded to a parent or guardian by the court. Issues which emerge in this area of law may do so in the accompanying circumstances: when a wedded couple with an adolescent wishes to divorce; when the unmarried parents of a minor cannot reach an agreement about care outside of court; when a parent or guardian is discovered to be unfit or perilous for the adolescent's safety as ruled by a court or state office; and when either or both parents of the child are absent or deceased. In some cases, custody of a child may be granted to other relatives, to a temporary parent or gathering home, or to different associations or organizations (HG, n.d.).

Child custody may be classified as either legal or physical, with each also labeled as either sole or joint. Those given legal custody over a child are granted the primary rights and responsibilities, allowing for decisions pertaining to the child's education, therapeutic and medical services, and general welfare. On the other hand, physical custody attends to the decisions regarding the various day to day activities as well as where the adolescent will be living and for how long (HG, n.d.). When joint legal or physical custody is assigned by the court, the parents or guardians are responsible for communicating and sharing in these decisions.

In order to determine a given outcome of a child custody battle, a judge must consider several elements. Among these elements, drug abuse is one that is often brought up in court. Both parties in the case must submit the results of a drug test to the court, as custody is not typically awarded to those who abuse drugs or alcohol. It is best that children grow up in a stable home environment, which plays a factor in the judge's decision. Who can best watch over the child, what type of neighborhood is the home in, are there siblings within the household, and issues pertaining to schooling are all considered. The judge may also take the child's wishes into consideration, with more weight being placed based on the child's age. Other elements include, though are not limited to: Past custody, parental behavior, employment, overall health of the parent, relatives, and the relationship between the child and parent or guardian.

Cases which involve child custody are not only difficult on the judge, but are painful and often traumatizing to child and families involved. As a result, a child struggling with divorced parents may develop social problems in later years. This is especially true in cases which involve an absent father from a child's life, as the court system often views the mother as more capable of caring for them. Without custody, a parent has no say in any decisions pertaining to their child's upbringing as they are no longer considered their "legal" parent. All things considered, the stakes are high when faced with the possibility of rarely seeing your children in the prime of their lives. Accordingly, it is important to form an agreement with your child's other guardian in order to satisfy the best interests of the child.