Divorce Guide

Child Custody and Visitations Rights for Australians

Child custody is a default issue that emerges with the problems of separation and divorce. It is better and in best interest of the child involved in divorce if both the parents work out the child custody and other things out of court. If they agree amongst themselves, it will be beneficial for the child and the family. This is just very theoretical and does not happen in real life. The issues reach court and are settled there.

Child custody for mothers

It is very natural for the court to consider the mother of the child to be the custodian of the child. A child is supposed to benefit more when it is in the sole custody of the mother. In case the child is too young or an infant, automatically the child custody is given to the mother, as the child needs a mother during the growing stages. When both the parents are separated in a peaceful manner, then the custody of the child can be a joint custody. However many a times the physical custody of the child is with the mother.

Child custody for fathers:

In these changing times, the courts have acknowledged the role of father in the life of the child. A child needs his fathers support and love to grow. In recent times, the courts determine the custody taking into consideration the best interest of the child. The courts may award joint custody or sole custody to the fathers.

Child custody for parents

Many a times the court finds it in the best interest of the child to award joint custody to both the parents. In this case, both the parents have equal rights over the child. Joint physical custody is the one in which the child spends equal time with both the parents. Any parent cannot force the child to keep away from the other parent. In case the parent does not want to spend some time with the child, it is accepted. In case of joint legal custody, both the parents have the legal right over the child. They can take decisions regarding the child. These decisions can be related to finances, insurance or any other legal matter. Both the parents have to agree while they take a decision related to joint custody. Any one parent not following this can face criminal charges.

Physical child custody and legal child custody

Physical custody is the one in which the child lives with the parent and the other parent gets the visitation rights. Legal custody is the one in which, the parent has the legal right of the parent to take decisions related to the child. Legal custody is more powerful than physical custody.

Factors deciding child custody

1. The court considers the child’s testimony and gets an opinion of a psychologist. The psychologist evaluates the child’s needs and it is considered while deciding the child custody.
2. Past parenting history of the parent is considered. It studies the time the parent can give for raising the child, personal behavior of the parent, history of abuse, etc.
3. It considered the financial status of the parent and if the parent can take care of the child.
4. The court checks the parent’s history of drug use, criminal records, etc.

The court tries to give a fair judgment and prefers a joint custody of the child. However, if one spouse has a bad record then the custody goes to the responsible and well-behaved parent.

Divorce Advice for Australians
Child Custody in Australia
Child Support in Australia
Divorce Laws in Australia
Divorce & Legal Assistance in Australia
Divorce Rights in Australia
Filing for Divorce in Australia
No Fault Divorce in Australia
Post Divorce Advice
Post Divorce Financial Advice