Issues Involved in Child Custody Cases

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by: jameswalsh
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For some couples, child custody battles can be a very bitter experience because there are times when both the parents resort to desperate measures to get the child’s custody. This is when a temporary agreement is often reached by the parents before the divorce is finalized. It should ideally be comprehensive and well thought out, so that any discrepancy at a later stage can be avoided.

However, temporary custody agreements in no way influence the actual custody agreement. Child custody issues revolve around who gets the physical and legal custody of the child. A physical custody decides which parent the child will live with after the divorce, whereas a legal custody decides which parent will make important decisions on behalf of the child.

A physical custody holder will dictate where the child lives, spends weekends and vacations, and the general activities of the child. Physical custody can be awarded on shared basis to mother and father jointly, or only to one parent with visiting rights to the non-custodial parent.

Under a joint custody option, the child spends an equal amount of time with each parent. However, for this arrangement to work, the parents have to be extremely cooperative and decide on several factors such as deciding to live in close proximity so that the child can visit each parent regularly and yet not have his or her school routine disrupted.

Child support is another important issue involved in child custody. When one parent is awarded the primary or sole custody of the child, the other parent might be required to pay for child support. Even in the cases of joint custody, the court may require a parent to pay for child support if that is in the best interest of the child.

A Child custody battle can be tough for the parents. Children were considered the property of their father before the twentieth century. Child custody was mostly awarded to the fathers under the common law. However, a paradigm shift occurred when the family courts came into the picture. Family courts started favouring mothers in cases of child custody and the trend continues.

Research indicates that the child’s primary legal custody is awarded to the mother in seventy percent of the cases, joint custody is awarded in sixty seven percent of the cases, and less than ten percent of the cases award primary legal custody to the father. The court will analyse several factors before deciding whether to give the custody of the child to the father or the mother. These factors can be, but are not limited to, the following:

The court will consider the best interests of the child. The court may or may not agree to take into consideration the child’s wish to stay with a particular parent. Age of the child will also have an impact on this decision. The court will also keep in mind the kind of interaction a child has with parents and siblings. In addition, the court might also consider the adjustment required by the child in the new home, school, and community.
Mental and physical health of the parents will be observed. If the child custody does not involve a typical case of an abusive parent, a court might order an independent evaluation. This evaluation will be performed by a mental health professional such as a psychologist appointed by the court. The mental health professional will conduct thorough interviews and psychological testing, analyse any past cases of domestic violence or dispute, and also gather credentials from friends and relatives.
The court might also analyse which parent has been primarily taking care of the child during the marriage. The court will also examine which parent, if given the custody, will be able encourage a strong and fruitful relationship with the non-custodial parent.

Each marriage is different, so is each divorce, and so are the circumstances involving each child. It can be very hard to say if a mother would be a better custodian than a father or vice versa. A child needs a mother as well as a father while growing up. The absence of any parent can cause lifelong emotional problems and issues for the child.

Yet, family courts typically view fathers as adding no value to a child’s life except for providing money for his or her upbringing. Recent studies have proved that joint custody is the best option for the child. A father can provide certain emotional benefits that cannot be provided by a mother alone. Similarly, every child needs a mother in his or her life to reap the benefits of motherly affection that cannot be provided by a father.

About the Author

James Walsh is a freelance writer and copy editor. If you want to find out more about a solicitor managed divorce see http://www.managed-divorce.co.uk

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