Child custody is a legal term which describes the relationship between a parent and child -- especially in situations where both parents are separated or divorced -- such as the right of the parent to make decisions for the child and his or her duty to care for the child.
Child custody issues typically arise in divorce, annulment or the dissolution of civil unions. Traditionally, child custody law has favored mothers in such proceedings, but recent trends in family law have seen an increase in child custody situations where joint custody is awarded or custody is granted to the father.
Child custody proceedings generate the most acrimonious disputes seen in family court. While many parents cooperate when it comes to sharing their children, not all do. Unfortunately, custody fights can often descend into mutual accusations by one parent against the other of sexual, physical and emotional abuse. The court system strives to tamp down on these mudslinging contests, and shield children from their parents' excesses.
In recent years, the courts have taken a more collaborative approach to divorce and parents who split up, taking care to remind them that while they may be leaving one another, they shouldn't leave their children.
Joint custody is quickly becoming the preferred option of courts for divorcing or separating parents, as the legal system becomes more aware of the benefits of having two active and involved parents in a child's life.
In general, joint legal custody situations where both parents share decision-making power but the child primarily resides with just one parent are more common than combination's of joint legal and physical custody because of practical reasons such as school schedules and financial affairs.
Nevertheless, in some situations hostilities between parents are too great for them to work together, and a custody decision must be made by the courts.
In child custody law, when a court awards sole legal and physical custody to one parent, the non-custodial parent is awarded visitation rights. These rights may be extensive or limited according to the circumstances of the case. A strong presumption in child custody law exists toward awarding visitation rights to non-custodial parents, however, courts may impose restrictions on visitation by non-custodial parents. Visitation can range from several weeks and months of unsupervised time with your children to supervised visits every other weekend.
Cases in which child custody law would deny visitation rights often include non-custodial parents who have abused the child or noncustodial parents severely suffering from a mental illness that could negatively impact the child. Non-custodial parents who are incarcerated or who have a prison record are not automatically denied visitation rights, however.
Elijah James has over ten years of experience in family law, and shares all his secrets on [http://www.webfamilylaw.com/custody]Custody
on his new website http://www.webfamilylaw.com
Article Source: http://EzineArticles.com/?expert=Daniel_Borkowski http://EzineArticles.com/?Understanding-Child-Custody-Gives-You-an-Edge&id=2051626
Tidak ada komentar:
Posting Komentar