Commonalities and Child Custody

In the study of child custody, we notice that there are certain common themes at work and in practice. The commonalities and child custody themes may be common in cases of child custody. We examine several of these commonalities.

Commonalities and Child Custody

When we examine child custody it is but proper to analyze it’s definition. Child custody deals with a “legal court action in obtaining primary or partial custody of a child”. By principle “child custody” is supposed to work with the “best interests of the child” in mind.

One of the common concepts in use in the study of basic commonalities and child custody themes are the definitions of the types of living or child custody arrangements available.

Generally speaking, there are 2 types of custody in the study of commonalities and child custody themes: (1) physical custody and (2) legal custody arrangements. Physical custody would mean the actual physical control and possession of a child. It grants the parent the right for a child to live and reside with him or her. Meanwhile legal custody would mean the right to make legal decisions for a child’s welfare. This would include his medical, religious and medical needs, decided on behalf of the child.

Other main types of custody would be sole and joint or shared custody. A parent may have sole physical or sole legal responsibility or both. He or she may also have joint physical or joint legal responsibility or both. Given these concepts, we see that child custody is a very flexible mechanism especially when it tries to draw out a compromise between two parties in mediation or modification or Parenting Plans or child custody arrangements.

Other commonalities and child custody themes revolve around child custody agreements and arrangements. A child custody agreement or parenting plan is a compromise usually resolved informally and voluntarily, out-of-court between consenting guardians or parents that settle disputes or disagreements over custody issues considering the best interests and needs of the child or children. Meanwhile, a child custody arrangement serves as a legal mechanism or structure of carrying out child custody agreements.

The Best Interests of the Child: A Universal Theme

What are the best interests of the child? This is one of the most basic commonalities and child custody themes seen in the study of the rationale for child custody.

In considering the “best interests of the child”, the court, and the parents or guardians must consider the following criteria in no exact ranking or order: (a) preferences of the children and (b) their emotional ties to each parent; (c) lifestyle and social factors of each parent and (d) the ties their children have to the home, school and community; (e) the capability and willingness of each parent to provide for the needs of the child; (f) the family’s history of domestic abuse, child abuse and substance abuse in their many forms; and (g) the continuing special health needs and age of the child.

The specifications on what the “best interests of the child are” is common in joint, sole, legal and physical custody of the child”.

These are several of the primary commonalities and child custody themes that we encounter in studying the concepts of child custody.