Child Custody After Divorce Commentary, Who Gets the Kids

One of the toughest decisions in the divorce process is who should have custody of the children once the marriage is dissolved. Many people feel that it should automatically be the mother, as “Kids need their moms” is a common thought. Other folks believe that child custody in divorce should go to the parent who can best look after the children’s well-being. The following information will shed some light on who makes the decision and how.


Pittsfield, MA -- (SBWIRE) -- 11/07/2012 -- Thirty percent of first marriages end in divorce, and a larger percentage of second marriages do, too. Divorce is difficult on the couple involved for sure, but it’s also tough on the children of the marriage because they often feel torn between their parents, both of whom they love. The following information will define who decides child custody in divorce and after the divorce is final.

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First, look at the types of child custody. There are four different types, and they are as follows: Sole physical custody, which means that only one parent will reside with and be responsible for the care of the children; Joint physical custody, which means that both parents share custody and responsibility for the kids; Sole legal custody, in which one parent shall be responsible for all health, education and welfare of the children; and Joint legal custody, in which both parents share the responsibility. In cases of sole physical and legal custody, the court must approve the parent’s plans for the non-custodial parent’s visitation rights. While it is preferred in the courts that joint physical and legal custody be worked out, most often, it is joint physical and sole legal custody that is agreed upon.

The million dollar question, so to speak, is who decides which parent gets child custody after divorce, and what type of custody it is? Believe it or not, the parents do. Sometimes, it works out just fine, and the divorcing parents get along amicably. Other times, it is beyond the abilities of the couple to agree on anything, especially child custody. In cases like that, a child custody evaluation might be court ordered. What this means is that the family will be observed by a psychologist, who will determine over several meetings who he feels will most effectively look after the well-being of the children. He then makes a recommendation to the court, which will take it into consideration when deciding on which parent will get what type of child custody.

About Legal-Yogi, an online legal advice dispensary located in the heart of the Berkshires in Pittsfield, Massachusetts, has a wealth of knowledge about child custody after divorce and other fields of law and is always available to share it with others.