Child Custody Rights Explained Child custody rights are granted by a family court judge to one or two of the parents, grandparents, step-parents, or legal guardians. In custody cases, the courts usually favor the biological parents. Custody rights are determined based on the best interests of the children. Usually, both parents are awarded joint legal custody, unless one of them is found to be unfit or unable to make the right decisions. Legal custody is not the same as physical custody which concerns issues on where the child will reside. Physical custody This is the right granted to the everyday care of the child. Here, mothers can file a petition against the father on behalf of the child asking him to prove his biological paternity (and his legal fatherhood of same). If it is proven, mothers has the right to ask for child support, medical and health insurance of the child, a share in the medical expenses during birth, and pay a portion of the mother s legal expenses. Here, you can get as much information that you need to help you gain better understanding on matters that will make or break a child s life. Aside from the Internet, you can also read a lot of parenting magazines where there are feature stories on legal issues that concerns any family such as child custody. - Jot down everything that you don t like when your child is with the other parent. Documented accounts on things you find uncomfortable when your child is with the other parent could be an effective tool to win child custody case. - List down all the details why winning the child custody case would be for the best interest of the kids. The temporary custody hearing may involve the following factors: implementing visitation, child support issues, changes in final custody order, protection from domestic violence, issues regarding the temporary unavailability of the custodial parent, and issues pending an appeal. Usually, the courts require fewer limitations on evidence presented at temporary custody proceedings than that presented at permanent custody proceedings.