Child Custody Laws | Know Your Rights

You have a right to see your children. That is a hallmark tenet of family law.

Every state in American has child custody laws that protect both a father and a mother's ability to participate in their children's lives.  Any good family law lawyer will tell you this.

Whether you have custody rights, visitation rights, or somewhere in between, nearly every court in the United States is mandated by the law to look out first for the best interest of the child.  Many states have included guidelines in their laws which provide that it is in the best interest of children to have frequent, continuing and meaningful contact with each parent.

Unfortunately, when parents either divorce or separate after having children, each parent is often unable to decide who should have primary custody of the minor child. A court is often asked by the parents and their lawyers to determine which parent should have more parenting time - and therefore more physical custody - of the children.

This process is extremely difficult for the children and their parents.  However, a judge is often called upon to make a decision, and the judge will most certainly make a decision if the parents are unable to come to an agreement. This is where the law comes into play most heavily in a parent's child custody rights.

Whatever decision a judge ultimately makes, it important to remember that both parents have a right to see their children.  For example, if a father is awarded custody of a child or children by a court, that does not mean that the mother no longer has the right to visit with her children.  In fact, many state legislatures have mandated that the non-custodial parent's right to have contact with his or her children is of the utmost importance.  Despite this, and due to the dislike and animosity between the parents, they are often unable to see past their differences and do what is in the their children's best interest.