Child Custody Showdown

A child is an inseparable part of the heart that brings in a new kind of shine into the lives of the parents. When a marriage fails due to uninvited circumstances the child also becomes a part of the painful journey of departing and goes through a mental trauma as well.

A child needs both her parents. No kind of negotiations can help in replacing the loss of breaking up of a family.

Then again a child needs the proper care and attention and guidance right from the childhood, through the adolescent years and all the way to the early adult life.

A child needs all the love and when they don’t get it, they resort to unfair means which later on turns into a regretful incident.

Here are a few reasons as to why a child Custody is a wise decision to make if you think you’re not happy with your marriage and your separation should not harm your child.

Here are a few ways how you can spare your child from the painful journey

1. Joint custody advantage

A joint custody is the friendly factor that keeps the family apart yet together. A joint custody is a good decision to bask upon as this gives the child the privilege of sharing a common bonding with both the parents. Though the parents don’t live together, the child still has the smidgen of happiness to get the love of both the parents and not be deprived of anyone’s absence. A joint custody enables a cordial relationship of the child with both the parents so as to not rip the child off his or her deserving happiness.

2. An essential Child Custody lawyer

Having a legal knowledge guiding any matter smoothens up the entire procedure to begin with. Having a child Custody lawyer would make the process of handing over or dividing the custody much faster and easier and hassle free. The child Custody lawyer would have the benefit of giving certain mediation rules that would make the entire situation much more comfortable for the child as well as the parents. A mutual agreement is concluded, deciding the visitation hours and the taking care needs and so on. If the paperwork is done effortlessly, the entire process gets done in a specific period of time.

3. Who wins the battle of custody takeover?

A divorce is never easy, but we can try and help to ease it out as much as possible. In this gruesome battle of custody, the primary care giver and the more responsible one is the more obvious choice to win over the custody of the child. The authority would never give over the caring of a child and the mentoring of a child to an irresponsible and unmindful person. So either of the parents who are more capable of carving a much secured future of the child is trusted with the responsibility. In case of joint custody, it is the rare case where the relationship did not work but it need not be that either of the parents was the unlikely responsible one. In that case the Custody is shared as there were issues in the marriage and not in the parenting part.

So as you can see, Divorce is not someone has in mind when they tie the knot.

But unlikely circumstances come when they’re least expected, right?

Tomorrow you might be a victim of such an event as well.

Hopefully this article will help you better in making those choices if it comes down to the child Custody issue and help you make the right choice for your child and for yourself.

What Are the Child Custody Rights in Divorce Cases?

The most important and complex issue in a divorce case is ‘Child Custody’. Both husband and wife, use child custody as a medium to establish the guilt and fault of the other party.

In India, Guardian and Wards Act, 1890 is empowered to determine the issue of child custody.

Generally, the court has the power to grant the following:

(a) Permanent Custody

(b) Interim Custody

(c) Visitation Rights

(a) Permanent Custody

The court awards permanent custody after determination of all aspects of the case. Usually, prime criteria is the “welfare of the child.”

While deciding the ‘welfare of the child’, the court mainly considers following factors:

i. The qualification of both father and mother.

ii. Family background of the both father and mother, which includes their financial and academic qualifications

iii. Child’s wishes

iv. Conduct of the parties

v. Overall development of the child.

(b) Interim Custody

The court awards interim custody during the pendency of the case keeping in mind the overall development of the child. While granting interim custody, the court tries to maintain balance between the husband and the wife and also remains cautious that the child is not treated as a shuttlecock between the estranged spouses.

The court also imposes certain conditions for the welfare of the child like not leaving the country without informing the court, to protect the interest of another party.

(c) Visitation Rights

The Court grants visitation rights at two stages, at the stage of the trial, and after the determination of the dispute (divorce in most of the cases). Once one of the spouses gets the permanent custody, other spouse has a right to meet the child once a week or as directed by the Court. The object of the court is to maintain the emotional bond between the child and parents.

Conclusion

In matrimonial proceedings, the court has to decide the question of custody of children during the pendency of the proceedings and after the passing of a decree. The court can revoke, suspend or vary, any such order made earlier on the change of circumstances. While adjudicating upon the custody of a child, the court has to keep in mind the welfare of a child. Though court considers other factors as well, however, welfare of the child is of utmost consideration. Usually, in female child custody cases, the courts give custody to the mother as at the age of puberty, girl child needs the mother’s care. Thus, over and above, welfare of the child is the influential factor while deciding the custodial rights.

Child Advocate Lawyers

Child advocate lawyers are the professionals who work to protect the rights of minors in various cases that can include child custody, abuse, divorce, neglect, and proceedings in juvenile court. A child advocate lawyer is generally appointed by the court in the following instances:

• The minor has been neglected or abused, physically or sexually
• Child custody proceedings that have been contested
• Adoptions
• Visitations
• Parental rights termination

When it involves juvenile court proceedings the parents can choose to hire a juvenile attorney but if they cannot afford to hire one the court will appoint a child advocate lawyer. These lawyers are trained in representing minors. To become certified in child welfare law they need to be certified through the National Association of Counsel for Children (CACC). To get this certification they must have been in practice as child advocate lawyers for three years and spent at least thirty percent of that time working in the field of child welfare. They will also have to complete at least thirty-six hours or more of continuing legal education courses that deal with child welfare law.

Responsibilities of child advocate lawyers

• Participate in all court negotiations and proceedings
• Requesting hearings
• Conducting investigations
• Obtaining all the necessary and relevant records regarding the parents and minor
• Receiving notice of all documents from court
• In support of the advocate’s position they present evidence to support it.
• Collecting child support payments
• Making varies recommendations to the court in the best interests of the minor they are representing.
• Presenting the wishes of the minor to the court

In juvenile court proceedings child advocate lawyers will coordinate court services with community resources and agencies that provide treatment programs or assistance to any minor that is need of alcohol or drug abuse treatment or other forms of counseling. They are the ones that will investigate the criminal charges and circumstances that surround it. Child advocate lawyers will also make recommendations to the juvenile court in regards to a suitable closure of the case in the best interest of the minor.

In some cases these lawyers may serve as special education advocates. If the child has special needs the child advocate lawyer can represent both the child and their parents in issues regarding treatment and services the local school district offers to make sure that these children receive the right public education that is provided and required by law. They can also counsel parents and the children to help them understand their legal rights. Child advocate lawyers also lobby state legislature on behalf of the rights of children and research legislative proposals. Child advocate lawyers work to make sure that the rights of children are enforced.