Custody Of Child Custody

     The purpose of this paper was to give some insight into the vicious battles that take place over child custody. It is important to mention that raising children is difficult even with two parents, now when there is only one parent the difficultly increases by leaps and bounds. The idea of joint custody seems to sound like a good solution however, Smith (2003) stated

Child custody have been an issue for many years but no clear rules have been established until approximately in the 1970’s. In the early colonial years, the arrangement was unappealing to children and their mothers and possibly doing psychologically damage. Luckily, history has evolved and children’s well-being has become a priority in divorce cases.

The Family Court ensures that each case and judgement concerning marriage/relationship breakdowns involving children is treated equally with emphasis on the child and its best interests. At times mutual agreement on the shared parental responsibility (the underlying principle of the law

     Moreover, the essential idea of marriage is that to create a healthy relationship that there must be a bond of love as well as maintaining their own identities. The converging of two individuals cause tension and usually end up in conflict. When two parents disagree either one of them gets hurt or a child feels it is their fault and responsibility.

One popular example is the case of Neville & Neville [2007] where there was a dispute on who had custody of the child. The courts ruled that since the child had a ‘strong emotional connection’ with the mother, that she was to live with her mother but also share substantial time with her father as both shares equal parental responsibilities. However, the best interest of the child is not necessarily what they personally explicitly want, as shown in the successful appeal by the father in the case Moose & Moose [2007]. In a situation such as this, despite the children apparently afraid of their fathers ‘sexual abuse’, the courts decided that a once- monthly visit in a supervised contact centre would be beneficial as he was a ‘person who can advance their welfare’ and that such a connection ‘should not be severed’. Such a decision may be deemed as questionable due to the severity of the claims.

(4) Before making any decision with respect to a child whom they are looking after, or proposing to look after, a local authority shall, so far as is reasonably practicable, ascertain the wishes and feelings of –

With fault based divorce in the 1960s, child custody depended primarily on the child’s age. If the child was under seven years old, also known as the ‘tender years,’ the mother would receive physical custody. This was because of the belief at the time that women are good caregivers and it was their job to take care of the children at home. However, if the children were older, custody would be granted to the parent of the same sex. Sometimes judges would also award custody of children dependent on martial or sexual conduct of the spouses. When custody was awarded in this way, the presiding judge could be more focused on the rights of the parents than what is best for the child in that situation. Either way, it was quite noticeable that child custody was based on the judge and their opinion, which could change from case to case.

When the judge makes a choice a approperate law is put in place to stop the situation/case from being an issue. In Loco Parents In loco parentis means in the place of a parent, this is what the responsiable parents would give to another reliable adult that will be looking after their child when they’re under the age of 18, for example, intructor/teacher, childcare workers ect... Duty of Care/Higher Duty of Care Employee’s and employers have a responsiablity of care to other employee’s, general public and anyone else within the premises such as students are out of risk of danger, they also have duty of care over objects and equiptment within the premisies.

When making welfare decisions, the courts are obligated to take into consideration the Child’s wishes and feelings.

However, if the parents left a writing assigning someone to be the minor’s guardian, then the court will appoint

The Family Lawyer for Child Custody Denton TX works tirelessly for the case. They prepare themselves so well that they can argue the case in the court. The courts are very serious as far as protection of children is concerned. They do not support the fact that the custody should be only be given to the mother.

Today, the subject about children custody is commonly discussed about. Children are often left to the hands of those who are thought to be “better.” A child’s environment and the care he/she receives is a major point in deciding where the custody of the child land. Many parents lose their children due to their “inability” to raise their child. A good amount of kids are torn away from their parent’s love and affection due to the parent’s financial status or other devastating reasons.

California Family Code also allows the mediator’s recommendation to the court regarding custody and/or visitation to be adopted by the court. (California

Parents’ marriage is vitally important to the future outcome of the child’s marriage. The daughters are not the only one’s deeply affected though. “For sons, parental divorce doubles the odds that they will have a child outside marriage as well as the risk that they will divorce”, CIVITAS states.

When parents become divorced there are many decisions that they must come to an agreement upon. "How will are possessions be divided?" and "What will happen to the children?" are often the most asked questions when divorce occurs. Custody is almost always the largest battle when husband and wife become divorced. Custody includes all duties a parent owes a child including, food, shelter, protection discipline, education, and even a child's religious beliefs (Martin 32). Often, a judge must make custody decisions for the parents. There are several types of custody, but the most common are sole custody, joint legal custody, and joint physical custody.