How To Handle Child Custody Cases
The right and obligation to care every day for and make big decisions for a minor child is named custody
. This could be subdivided into sole custody and joint custody. The initial is once one parent handles the child while the latter is whenever both parents share with major decision making and spend considerable amounts of time individually with the child. This is an inevitable part of the divorce proceedings of couples with one or more children, particularly minor children.When taken to court, custody is awarded to the parent/s according to the best interest of the child. Many different factors are considered when determining the child's best interest, including health and sex of the child, the primary caregiver prior to the divorce, willingness to care for the child, parenting skills, emotional ties between child and parent, readiness in facilitating visitation by the other parent, and each of the parents' physical, mental, financial and moral fitness.
Mothers and fathers have equal rights to custody under the laws of almost all states. There are certain countries, though, which have laws that grant automatic custody of children seven years old and below to the mother. Yet, generally, courts should not assume that a child is automatically better off with the mother or the father.
In spite of this supposed impartiality, a lot of family court judges have biases as by-products of their history and emotional experiences. Some can have a deep rooted belief that women can watch over children much better than men who, in their eyes, have limited know-how in parenting. Others could have an innate conception that fathers are instinctively better at parenting male children.
Theoretically, judges should be fair and neutraland majority of them areyet they are also still human and these biases still seep into their decision-making process. To avoid these biases, it would be best for parents to decide between themselves the custody and parenting arrangements for their kids, and this is where mediation comes into play.
Another benefit of mediation is that both parents would not bear the pressure of proving to the court that it is better for the child to be in his or her custody. The mediator himself or herself can't demand a resolution in any event.
Looking at the age, maturity and quality of reason , a child's desire can be a important facet in choosing custody.
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