How are child custody rights established and is it always necessary to go to court to establish those rights?

In cases of divorce, the court of jurisdiction for the divorce proceedings also determines child custody arrangements. Typically, if the spouses have children together while married, the parents have joint guardianship over that child and the parental rights are equal. Each parent has an equal right to the custody of the child when they separate. The parent with custody controls decisions pertaining to the child's education, religious upbringing, and health care. Courts have the option of choosing one of several types of custody.

The Courts also make decisions in regards to visitation rights.  When a court awards exclusive child custody to one parent, the non-custodial parent maintains the right to see and visit the child.   If the court's custody decree fails to mention visitation rights, the law implies the parent's right to visitation.

Parents may also reach a custody agreement out-of-court, typically with help from lawyers or mediators.  In mediation, parents negotiate terms and attempt to come to a resolution that suits the interests of both parties.

Please consult with a Child Custody Lawyer or Divorce Lawyer to determine the best course of action for your case.