The 4 Biggest Issues That Come Up In Child Custody Cases

The child custody law system is designed to protect the interests of young ones in a variety of circumstances, especially disputed situations. Even in cases where parents are capable of settling their differences following a breakup, it's often wise to work with a child custody attorney to see that you get all the details right. As you deal with the system, these are four of the biggest issues you'll want to keep an eye out for.


A number of decisions in the life of kid call for an adult to have final say, from signing off on field trip forms at school to deciding where they'll live. A common mistake that couples that have parted ways amicably make is not putting legal authority for the custodial parent down in a signed document. While tentative structures may help you avoid disputes and play nice, major problems can arise if things become contentious or one of the parents becomes incapacitated. As a child gets older, there may also be questions about who has to answer if a child breaks the law or acts out in school.

Custodial Interference

Once a visitation schedule has been established, the legal system expects it to be maintained strictly as long as no compelling reasons are evident. When one party fails to maintain this schedule or decides to refuse to hand over the child on time, this is classified as custodial interference. A child custody attorney can help you make sure that the schedule is structured in an understandable manner and kept.


An issue that pops up more than most folks anticipate is the question of what happens if one parent moves out of the state or even out of the country. Both parents, barring a legal ruling, have the right to see that their child is within reasonable visiting distance.


One of the biggest concerns the court will have about who a child is living with and where they reside is overall fitness. Questions of mental and emotional fitness are considered critical, as unstable parenting can disrupt childhood development. Financial fitness is also a question because the court will want a child to be in a setting where there are no doubts about a roof being overhead. The fitness of the living environment itself may also be reviewed, as the court expects a child to be in a clean, healthy and safe setting.