Divorce Guide

Divorce Guide

Advice On Child Custody

Deciding about child’s custody is a painful process. It is really sad that the child is devoid of parenthood when his parents get divorced. But child custody has to be handled when the parents are splitting. Child custody advice in divorce will help you with basic details related to the custody of child.

When we talk of child custody the biggest issue that comes up is who should retain the custody of the child – mother or father? According to the traditional view, mother can be a better guardian for the child. A mother is expected to understand the child better, and provide the kind of care and love that a father cannot provide. This was true when only the mother used to take care of the emotional needs of children, and father was responsible for providing financial support. However, now there is no demarcation between the roles of mother and father and both are together responsible for fulfilling the emotional and financial needs of children. Divorce and child custody are important matters for consideration.

In the present times father has acquired a very important role in the growth of children. He spends time with children and engages in interesting activities that creates the father-child bonding. Separating the child from father becomes equally tormenting as the separation from the mother would be.

In view of this the court does not insist on the child’s custody to be given to mother but rather tries to assess the overall welfare of the child.

The following instance will help you understand the grounds on which the court may prefer the father to the mother regarding awarding of child custody.

Helena had become a chronic drunkard. Michael, her husband tried hard that she comes out of this bad habit, but in vain. Helena was not able to take care of the household and kids. Her presence at home created a gloomy atmosphere and kids felt very low because of their mother’s condition. When Michael and Helena were divorced, the court readily agreed to Michael’s request for child’s custody. This example shows that the mother is not necessarily the best parent for the child.

Whatever may be the family situation the court is the final decision maker when it comes to child custody. Court reserves the right to decide about the child’s future so that the welfare of the child is taken care of. So the contemporary advice on child custody is to first to consider the welfare of the child.

There are two types of child custody – Sole Custody and Joint Custody
  • Sole Custody : This is the common type of custody where one parent gets the sole responsibility of the child. He or she is also entitled to take the legal decisions related to the child. The other parent might have visitation rights but can not take any decision related to the child.

  • Joint Custody : Most of the states permit joint custody in special cases. Under joint custody both the parents share the decision making power related to the child. Joint custody makes the children feel that both the parents are involved in their development.
Basics About Child Custody :
  • Court has the final say regarding the custody of the child.
  • If the child is below 5 years of age the court prefers to give the custody to the mother, but only if the mother is fit to take the safe custody of the child.
  • Some states take the child’s opinion before giving the custody. But only if the child is old enough to give a valuable opinion.
  • If a couple has more than one child then the court prefers that all of them stay together with one parent.
  • The person who has the legal possession of the child takes all the decisions related to the child.
  • While one spouse gets the child custody, the other gets visitation rights that allow meeting the children on a periodic basis.
Child custody is a sensitive issue. Psychologists say that a child’s mental, physical, and emotional growth is negatively affected when their parents fight ugly divorce battles. Thus expert’s advice on child custody discourages couples from making the custody an ego battle. The sooner you reach an agreement with your spouse, the better it will be for the child.

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