Child custody is the right to physically posses and bringing up a child in the event of a marriage breakdown resulting in divorce. Child custody is of two kinds that can be combined to have various forms, and is awarded on a case to case basis. Child custody is awarded by a court of law in the most unbiased manner as possible from the facts of the case. Therefore, a parent who does not get child custody is regarded as less qualified to get custody, although he/she may think otherwise. A parent who does not get physical custody is however entitled to periodic visitations with the child normally at his/her home unless there is reasonable evidence that the parent may cause harm to the child, or has been found guilty of abuse in the past, the court may order for supervised visitation or even deny it.

Sole custody is a form of custody which gives on parent, most rights over the child including right to decide upon the method of raising the child apart from physical custody. This is the most common custody awarded around the world.

The concept of joint custody has taken precedence and preference over the last few years. This kind of custody facilitates both parents to have a joint say in bringing up the child. However, the physical custody of the child lies with one parent to give the child a stable growing environment. A few cases have been known where joint physical custody on an alternating and time bound basis has been awarded; however, this form of physical custody is rare. Joint custody involves joint decision making of both parents about schools, activities and even religion. Some courts express distaste towards joint custody since they firmly believe that when two adults who cannot make joint decisions regarding their life are incapable of making joint decision regarding their children.

Accusations of child abuse, sexual abuse in particular have become predominant lately in most divorce proceedings. All these claims, evidenced or unfounded are treated and investigated very seriously courts and have a bearing on child custody and visitations awarded. This is often the cause for divorce cases dragging endlessly for months. In many cases, these accusations of abuse have been used by one spouse to defame the other and to demand additional spousal support. Despite such accusations, it is imperative that no parent who has abused the child should be given custody and at the same time, no parent who has been accused without any basis should take these accusations lightly. Wrongful accusations would only show that the accusing parent’s intentions and capabilities of bringing up the child in the right environment.

Irrespective of the form of custody awarded or options written down, the child custody is always religiously awarded in the best interests of the child involved. It is not yet forgotten that most custodies were awarded to mothers by courts under the assumption that a mother is the best person to raise a child. However, with times changing, courts have started considering the active participation of a parent in raising the child while granting custody. Despite this, most children tend to remain with mothers post divorce.

The awarding of no visitation rights and to pay spousal support is albeit a little unfair, both these issues are unconnected in the eyes of the law. The only option that a non-custodial parent can do is to petition the court again to enforce visitation rights.