How is Custody of Minor Children Handled in Divorce Cases?

How is Custody of Minor Children Handled in Divorce Cases?


Probably the most asked question in child custody cases is “Who is going to gain custody and visitation rights?” The answer to this critical question can be complex with a lot of factors that come into play, but there are some typical policies and information that becomes to have an effect when child custody is approved.

Each of parents need to decide on custody of minor children under the age of eight teen. Divorce courts concern themselves with the well-being of any children naturally-born or adopted by the parents.

There are 4 fundamental kinds of child custody acknowledged under state laws:

Sole physical custody

– the children must live under and with the supervision of one of their parents. The parent’s arrangement for the other parent’s visitation rights needs the courts approval.

Joint physical custody

– each of the parents will have considerable periods of physical custody. To put it another way, each of the parents will have continual contact with their children.

Sole legal custody

– one of the parents is going to have the right and responsibility in making decisions concerning the health, schooling, and well-being of their children. The other parent maintains their visitation rights. Even though the courts prefer joint legal custody, sole legal custody is the most general type of custody arrangement.

Joint legal custody

– both of the parents split the rights and the responsibilities in making decisions concerning the health, schooling and well-being of their children. State law surmises that joint legal custody is in the minor children’s best interest if the parents work it out and present a practical “parenting plan.” Nevertheless, this type of custody isn’t always simple. It necessitates each of the parents to work together and set aside all of their differences.

What are Other Child Custody Circumstances?

Whereas it is the ultimate outcome to keep the children as involved as possible to each their parents, there are some occasions where a court might decide differently. When there is a history of domestic and/or child abuse in the home, the court will devise custody and visitation orders. This is carried out with the purpose of decreasing harm and keeping the children out of possibly damaging circumstances.

Serious mental health issues and a history of drugs and/or alcohol abuse will also considerably affect these decisions. Another critical thing to think about is the possibility of moving or relocating, in which could have a huge impact on parent’s rights. A lot of states now include guidelines restricting the parents’ relocation rights for custody reasons.

Visitation Rights in Divorces

In the past few years, lawmakers have found out visitation rights don’t convert easily into laws. The law does state that any individual having an interest in the children’s well-being is entitled to rational visitation. What is rational in one situation is not unavoidably rational in another. That is the reason why parents are left to determine rational visitation guidelines for others, including grandparents.

Am I Going to Need an Attorney For Child Custody and Child Support Matters?

These decisions are such a critical part of the divorce process that it is required to find a family law attorney for assistance. They will not only be able to explain your state laws but be your counsel throughout any negotiations or court proceedings to ensure your rights are represented.


  1. LaMance, K. (2019, October 29). Children and the divorce process. Retrieved February 16, 2021, from

Speak With Our Child Custody Attorney In Scottsdale

Our child custody and guardianship attorney in Phoenix and Scottsdale will advance your case with concern and personal attention and always have you and your children’s best interest in mind when offering legal solutions.

An experienced family law attorney will work with you to obtain the best possible outcome in your situation. We advocate for our clients, so they have the brightest future possible. Give us a call today at 480-999-0800 for a free consultation.


Jennifer Moshier Collaborative Divorce Lawyer Scottsdale Arizona
Jennifer Moshier, Scottsdale Divorce Lawyer


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