In situations such as divorce or annulment of marriage, the issue on who will take the children has always been a long court process. In the family law, child custody refers to the process of acquiring the legal custody of the children. The guardianship is being determined by the court based on their judgement on who will be most capable in taking care of the children in terms of financial matters, fitness of the parents to provide care and emotional support for the children as long as it is for the best interest and welfare of the children despite the disrupted functioning of the family. There are however instances when both parents are supporting the children financially but only one parent gets the custody of the children. There are also cases when other relative such as the grandparents or even non-relatives can file for a petition if parents do not have the capacity to take care and support the children, though they still have the right to visit their children and can give them support in any kind.
In child custody, the court makes a careful decision as to the fitness of the parents to visit the children especially when the present of a parent can post serious danger to the children. In this case, the visitation rights may not be granted. There are extreme cases when a parent will really be denied visitation rights. In most cases, it is always the mother who is given the right to child custody because of the innate protective personality of the mother but fathers can also have the child custody it mothers are not capable.