Child Custody Law is about who gets the responsibility for maintenance and care of a child after separation or divorce of the parents.
Custody is referred to as residency referring to the child’s prime residence after the parents have broken up. Usually parents desire for joint custody that can enable both of them to spend equal amount of time with their child. Both can participate in the decisions that may have a bearing upon the child. If these decisions cannot be made amicably then the family court gets to decide it for the wellbeing of the child.
Most unpleasant disagreements and fights between wedded couples are taken to the family courts. Such matters like separation and divorce instill bitterness and without any doubt affect the children. It is very important to note that:
- Many child custody cases close cordially with parents agreeing on main custody or joint residency.
- Maintenance expenditures from a non-resident parent are also considered.
- In case of disputes each parent independently assess on which parent is given the custody of their child, or children.
Joint residency is expected to be the desired solution as being in the greatest interests of children. Supposing both parents have responsibility over the child, it is entirely up to them to negotiate custody on the basis of what is essential for their child. Several couples neglect the fact and suit their own selves rather than considering what is best for their children.
If the married couple cannot reach an agreeable solution, then arbitration can be tried first. The courts become involved in the whole procedure and issue an order as it deems fit. The order will become mandatory upon both parents.
Joint Residency Is A Reflection Of Modern Society
The option of joint custody reflects the modifications in societal norms. It considers mothers who work outside home and a child care approach by fathers. Permitting both parents have an equivalent share in the physical care of their children. All lawful rights related to obligations and responsibilities to children are divided.
Usual custody disputes are between either of the child’s parents. In some cases, a third person, for instance a grand parent may also get responsibility of their grand children incase of death or incapacity of their parents. If the parents had not wedded then making agreements would become difficult. Generally, a court accepts parents for the welfare of children.
In some unusual circumstances one parent may be permanently excluded from having any access to their child. However, the court has the right to change the decision at any point in time, should the parent’s circumstances change. The parent is able to re-apply for access at any time, and once an application is made the court may reconsider arrangements after examining evidence.
The courts normally accept custody arrangements that are submitted by the parents as a part of their split-up agreement. To guarantee that these provisions are serving the child’s interests and is in their welfare, the court reviews the plan submitted by the parents. Role of adults of the family like grandparents and/or stepparents is very influential in the court for deciding the child’s future life.
Kim Parsons is a professional law blog writer whose expertise is in the areas of divorce, child custody and related issues for families. He often quotes good lawyers and recommends this website.