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In the case of divorce, generally, the court having jurisdiction of the divorce proceedings also determines who shall have custody of children from the marriage. (The authority to do so is considered part of the original jurisdiction of the court, and not as a new authority being conferred upon them.) Under the common statutory provision, the parents of a child born within a marriage are joint guardians of that child and the rights of both parents are equal: each parent has an equal right to the custody of the child when they separate.

Child custody attorneys are lawyers that will work on your behalf to help you solve child custody disputes as part of a divorce or separation settlement. For individuals that have child custody concerns, or face a divorce that may jeopardize future visitation rights, child custody attorneys are able to provide special assistance. It is generally recommended that any child custody dispute be resolved with the help of a qualified lawyer.