What is involved in deciding custody of the minor children?
A dissolution of marriage proceeding must make a provision for determination of custody of the minor child or children or allocation of parental rights regarding their minor children. A guiding principle in this determination is what is in the best interests of the minor child or children. Absent an agreement by the parties which is approved by the Court, a Court must make a decision as to which parent is the appropriate parent to be awarded custody of the minor child or children. Factors used in such a decision or determination are enumerated in the statutes and based upon prior case law. The Courts are vested with authority to conduct custody evaluations if such an evaluation would offer insight into which party is more appropriate to have custody of their minor child or children. In the past, the Courts have opted to award custody of the minor child or children to one party. However, the Courts are now utilizing more joint custody or shared parenting arrangements to foster joint inv
Related Questions
- Does the father have to prove the mother "unfit" to be awarded custody of the minor children? Or, will the mother be awarded custody of the minor children unless the father proves her to be "unfit?
- What happens if there are minor children involved and there is a custody dispute?
- Who determines the custody arrangement applicable to our minor children?
