If a marriage is not happy, then separation is the proper option for both of the spouses. If they are not happy together at all, then there is no need to keep it intact. But if there are children involved, you need to be a bit more responsible for the case.
If one parent leaves their authority, then it is alright. But the problem arises when both of the parents want custody. Then unavoidably, the problem goes to court, and it gets solved legally.
Let us enlighten you more about child custody and how it is determined. Stay with us.
What is Child Custody and How is It Determined?
The rights and duties of parents for the care of the dependent children are referred to as “child custody.”
In general, any parent might have exclusive custody, or sometimes the parents can split custody. If the parents are unable to reach an agreement, the court will decide the children’s future on their behalf.
Types of Custody
There are mainly two types of custody. One is legal custody, and the other is physical custody.
In terms of legal custody, the court decides who will take important decisions such as educational, religious, physical, mental health professionals, traveling, residence, sports, tours, summer camps, etc., on behalf of the dependent kids. On the other hand, physical custody means who gets to keep the children with them.
Both of the custody can be sole or joint. In case of sole custody, one parent can have access to the kids. And in joint custody, both of the parents can take responsibility for the kids.
For example, in joint physical custody, certain weekdays will be decided for the parents to stay with them. By staying with the kids separately, they will co-parent their children.
Visitation is granted to a parent who has custody of the children less than half of the time. Holidays, special celebrations, and vacations can all affect visitation arrangements.
When contact with the parent would be damaging to the kid physically or mentally, visitation is not used. When a kid and a parent need time to get to know one another, supervised visitation is often employed.
How is the Custody Determined?
According to the law, judges must award custody based on what is in the “best interest of the kid,” according to the law.
Judges just do not blindly give custody to the mother or the father, regardless of the children’s age or gender. If providing custody to either parent would be harmful to the children, courts may award custody to someone other than the parents if it is in the children’s best interests.
Some points might help you strengthen your case. They are-
- If there is proof that either parent has engaged in domestic violence or abused their family, it will be considered a weak point in their case.
- The capacity of each parent to meet the basic requirements of their children. On behalf of each parent, the court may also examine the testimony of character witnesses.
- What effect would the existing custody arrangement have on the children if it is maintained or disrupted?
- It is fixed in the children’s best interest. Before giving the verdict, the judge will hear from both parents and then the children’s preference (if they are old enough to call their side). Each parent’s and children’s emotional and physical well-being are also a considerable matter in this case.
- Both parents might or might not be caring for the children for the bulk of their lives up to this point. Courts in some countries will seek to ensure uniformity. So, if one parent provides the majority of the care, the judge’s judgment may be influenced.
Call for a lawyer
Child custody lawyers recognize the inextricable relationship that exists between a parent and their kids. That is why they work with the clients.
You’ll have the best chance of maintaining a healthy relationship with your kid if you have trustworthy legal representation from leading and experienced divorce and family lawyers on your side.
So, take help from your known family lawyers.
Conclusion
As we have mentioned before, during the judgment, the judge especially notices the bonding with the children. And last but not least the best interest of the children. That is why; you should design your argument according to that. You can always take help from your lawyer.
See more: What Are Common Reasons for Divorce?
