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Who gets the child custody after divorce
By: Sundeep Mavi |
| word count: 495 comments(0) views: 105 |
| The final termination of marriage is divorce which cancels the legal duties and responsibilities of marriage. |
The final termination of marriage is divorce which cancels the legal duties and responsibilities of marriage. It dissolves the bonds of matrimony between two persons. Divorce requires the sanction of judge or other authority in a legal process. The laws of divorce vary from country to country. In some countries divorce is not permitted, but in some areas annulment is permitted. A divorce may involve issues of spousal support, child custody, child support etc. A divorce is a not an easy transaction especially when children are involved.
The decision about who gets custody of a child after divorce is often left to the court because parents cannot came into the final decision about who is going to get custody. There are varieties of custody arrangements that a court prescribed and these types are recognized by law. These types of custody may vary from state to state. According to joint legal custody both of the parents have all rights and responsibilities related to child like their education, health. It allows parents to work together for the benefit of the children. It is assumed that this is best arrangement for the children. For this type of custody, parents have to present proper plan to the court that how will it works. Sole legal custody is the most common type of custody in which only one parent retains the rights and responsibilities. The non-custodial parent may have few other rights in regards to children like visitation rights and many more. The sole physical custody is that situation in which child lives with one parent that has majority of contact with the child. Like in sole legal custody, it has also provided visitation rights to other parent. Joint physical custody is an arrangement in which both parents can contact with child in majority that is in this type of custody, a child stays with each parents for six-six months in a year.
There are also other factors that the court will look before taking any decision. Who gets the custody of child in divorce depends on the characteristics of the parents like their behavior, income and lifestyle. Most probably, the judges are awarded custody to the parent who has physical custody of the child as judges generally do not wish to disrupt the life of child. The judges in a court ensure the best interest of the child. For this judge’s look at the things like criminal record of the parents, whether a parent is abusive, emotional bonding of the child and above all the attitude of the parents towards the child. With all these factors court also considered the age, gender and health of the child and if the child is old enough to decide, who he wants to live with, and then judge may consider child's opinion. In some cases court gives permanent legal custody to the parent that has been having physical custody of the child. But only if it seems that child is doing well.
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