Custody fights are expensive and destructive for all concerned and are a real source of anxiety and worry. It is important if you find yourself in this unfortunate predicament that you have a good working knowldege of how the custody laws are likely to impact on your circumstances.
You will be better able to assist and instruct your custody lawyer if you understand what is going on and give yourself a much better chance of a successful outcome.
Child custody courts used to bestow mothers sole custody of their children, and give visitation rights to the fathers.
In modern times, it is encouraged that fathers become more involved and more prominent in their children's lives. Psychologists have informed law makers on the advantages of fathers having active roles in their children's lives.
Sociological factors, such as the traditional marital roles and the increasing number of working mothers, prevented making joint custody the court's preferred choice when deciding on custody and visitation rights.
Child custody courts will decide in favour of a co-parenting plan as opposed to a single custody plan in all cases where both parents are in the same way capable. It is assumed that this is in the child's best interest, which is the norm in which all divorce matters relating to children are decided.
No parent should be denied child custody, unless there are grounds to believe that his or her parental relationship with the child will have a negative affect on the child.
Cases in which the courts would opt for sole custody are those where domestic violence, neglect or abuse is apparent.
Joint custody works best when:
- Parents live in physical immediacy
- Parents are able to uphold a civil relationship
- Plans or arrangements are made to suit and benefit the child's needs
- Parents do their best to support one another and not be counter-productive by undermining each other.
- Rotas or agendas are made so that they are stable, yet flexible when needed.
- Financial resources are accessible to uphold two full residences.
Clearly joint custody can have its disadvantages as well as advantages.
The biggest difficulty is regarding the moving of the child from one home to the other. Of course, with a sensible parenting plan, this problem can be easily solved.
Learn more about a joint custody of children and joint custody laws and to give yourself the best chance of maintining a loving relationship with your child visit my blog now!
In later years you may regret not arming yourself with the knowledge you need now to get sole or joint custody of your child.