Under the common statutory provision, at the time of divorce if the spouses have children together while married, the parents have joint guardianship over that child and the rights are equal for both parents and have equal right for the custody of child when they separate.
The court strives to a decision in which it concerns about “the best interests of the child” when determining about the home in which to place the child. Before making the decision made of “the best interests of the child”, the wishes of the child’s parents, the wishes of the child, and the child’s relationship with each of the parents, siblings, other persons who may substantially impact the child’s best interests, the child’s comfort in his home, school, and community, and the mental and physical health of the involved individuals are took into consideration.
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Divorce formally dissolves the legal marriage. The married couples do not have the constitutional rights to proceed for the divorce...