Divorce is extremely difficult and it becomes even more difficult when there are children involved. We all want what's best for our kids and that is why it is crucial to understand the different types of Child Custody and your rights and responsibilities in each case. Legal Custody Legal custody means having the right, responsibility and obligation to make important decisions such as schooling, medical care, religion etc about your childs future. In most cases joint legal custody is awarded to both parents meaning that they will share decision-making responsibilities. If joint legal custody is awarded, one parent may not be excluded from decision-making. If they are they may take their ex to court to enforce the custody order. If circumstances …show more content…
Joint custody can come in three forms: 1. Joint legal custody - where both parents share decision-making responsibilities for their children. 2. Joint physical custody - where children spend significant portions of time with both parents. 3. Joint legal and physical custody - where parents equally share in decision making and time with their kids. In joint legal and physical custody situations parents will decide how to split their childrens time between the two households. It is common for children to alternate or split weeks between each parent. Other arrangements could include alternating months, years or six-month periods or spending weekends and holidays with one parent while spending weekdays with the other. There is a lot of debate as to whether this type of joint custody is a good idea as it puts parents in a situation where they need to be able to communicate and get along really well in order to make decisions responsibly. In most cases this is difficult as parents who couldn't get along as a married are expected to make decisions together as if they were still married. Only in exceptional situations are ex partners able to put their personal differences aside and work together
Families are becoming more diverse and they come in all shapes and sizes. Some people consider families to be strictly biological, while others consider people they love to be their family. Although two-parent families, also known as a nuclear family are the majority, one-parent families are becoming more common in today’s society. A sole-parent is considered to be a parent without a partner or spouse who is the primary care giver of one or more children in a household (Ministry of Social Development, 2010). From the age of 14 onward I was raised by m...
In the United States today more than one-half of all marriages end in divorce. The purpose of this paper is to examine the reason why women have typically received custody of the children far more often than the fathers. In order to better understand child custody one must first examine how fathers have often times been left out of the picture, and conversely why mothers have had such hard times raising children on their own. This paper will first examine the perspective of a father who has lost custody of his children.
In this day and age there are many variations of what constitutes a couple or family in comparison to many years ago. Long ago the idea of a ‘nuclear family’ was considered the norm; it consisted of the conventional husband, wife and children . But as our society progressed through the years this definition became less conventional and criticisms were made, this definition of ‘family’ did not account for gay unions, soul parents nor did it acknowledge the prevalence of extended family. The definition of family has changed over time, as have the socially defined roles of mothers and fathers. Within these varied family units, situations occur in which divorces and separations take place and a lot of the times these tricky situations may involve children, which can make an already tricky situation even more problematic. There are pieces of legislation which are in place which aim to protect the best interests of a child during the time their parents are going through divorce but sometimes these avenues can be more problematic and ultimately destroy unions whereas other avenues of dispute resolution such as mediation, albeit with its own criticisms, helps to keep relationships afoot in that it provides an opportunity for peaceful and mutual agreements to be made in a more laid back environment.
Manning WD, Smock PJ. 1997. Children's living arrangements in unmarried-mother families. J. Fam. Issues 18:526 44
Child custody is a difficult and sensitive matter. During the disputes people go through multiple interviews, background checks, and other privacy invading matters. Child custody evaluations are need when parents are divorcing. This is all done in order to obtain custody of one or more children. The children do not have to be the parents biological children in order to be able to fight for custody of the child. In the evaluations multiple factors are taken into consideration. Through the entire process the most important aspect about the outcome of the evaluations, is that the child’s best interest is always the main factor. Child custody evaluations attempt to investigate and find the best situation for the child between the parties fighting over custody.
Findings amongst marriages and cohabitation that end in dissolution have shown custody and access disputes to be the “single biggest issue in civil law” (Roesh, Zapf, Hart, 2010). The role of forensic psychology regarding this issue is seen in the form of parenting capacity evaluations, otherwise known as child custody evaluations. Although many dissolved marriages or relationships end without the need of such evaluations, it is important to understand the current practices regarding custody cases and the evaluations provided by forensic psychologists in these cases. Currently, the dominant doctrine is the “best interest of the child” principle (Roesh et al., 2010). In an attempt to evaluate what is essentially in the "best interest of the child" evaluators may use methods including interviews, to parent and child, as well as a variety of psychological tests. This paper will further explore what is necessary for child custody evaluations and the role evaluators play in these cases.
Since the late 1970s there has been substantial change in the judicial system regarding child custody hearings (Symons, 2010). The end of the 20th century sparked a public demand for more custodial options including joint physical custody (refers to the day-to-day care of children), joint legal custody (refers to a parents rights and responsibilities regarding major decisions involving children) and a general increase in paternal involvement in children’s lives post-divorce (Symons, 2010; Atwood, 2007), 1982 marked the first year where a father in North America was granted sole custody (Amato, 2001). As recently as 1970, there were custodial cases granting sole custody to mothers stating that mothers make the best parents simply because they are mothers (O’Connell, 2007). Today we see many custodial options that range far beyond the traditional scope of sole custodian mothers and fathers with visitation rights or financial responsibilities (American Psychological Association, 2010). Juby, Marcil-Gratton and LeBourdais (2005) found that in Canada, sole custody awarded to fathers remains stable around 10% while joint physical and legal custody range between 25% and 50%.
With the increase of divorce and the number of children being born out of wedlock, parental alienation continues to grow. With custody laws changing, allowing for equal opportunities for both parents to raise their children, and fathers beginning to fight for their right to be involved, not just every other weekend fathers, custody battles have become increasingly fierce. Another factor contributing to this is the fact that many courts consider who will be more willing to encourage the child to have a heathly and continuing relationship with the other parent.
Families are becoming more diverse and they come in all shapes and sizes. Some people consider families to be strictly biological, while others consider people they love to be their family. Although two-parent families are the majority, one-parent families are becoming more common in today’s society. A sole-parent is considered to be a parent without a partner or spouse who is the primary care giver of one or more children in a household (Ministry of Social Development, 2010). From the age of 14 onward I was raised by my father. I witnessed firsthand th...
Forty-one percent of a couple’s first marriage ends in divorce, according to mckinleyirvin.com. Also, Seventy-five percent of children with divorced parents live with their mother while forty-three percent of children growing up nationally, are raised without their fathers. Many factors leads to the decision of the child’s custody, although mothers usually win. However, what if both parents are capable of providing a decent life for the child? Unhealthy relationships between parents can question the true intent behind child custody. After reading Pop Quiz 7 in, “Octet”, from Brief Interviews with Hideous Men by David Foster Wallace, parents used money, vengeance, and love in the battle for child custody. Similar to the situation
Joint custody, when applicable, in which children spend an equal amount of time with both separated parents, causes a positive emotional environment for children of divorce, which further creates healthy family relations and avoids negative health effects.
1) Place children with whichever parent remarries unless there is a marked incompatibility between that parent and the child.
Family Law (Law Express) 2th edition, by Jonathon Herring, published by Pearson Education Limited 2009
Once upon a time, a traditional family structure was created by one man marrying one woman and procreating. Within the last few years, this has begun to change. Family structures are now being changed and created through divorce and remarriage, same-sex partners, and single-parents. When the leaders of these family structures can no longer co-exist, divorce or separation comes. If children are involved, a custody agreement needs to be arranged.
Does a child need both parents? Does a young boy need a father figure around? Does the government provide help for single parents? What role do step-parents and step-siblings play? With much speculation, this topic has become a very intriguing argument.