Common Issues in Child Custody

Posted by on Mar 1, 2017 in Family | 0 comments

Divorce is already a stressful thing, but it can even be more stressful when children are already involved. Determining custody of children is often the most highly contentious part of a divorce.

Of course, all the contention can result into physical, emotional, and psychological exhaustion. To limit the toll of the legal process of child custody, it is important to know the most common issues associated with it.

Child’s best interest

It is a misconception that child custody is always granted to the mother. In fact, the courts have no gender bias and consider the best interest of the child. Best interest has no clear scope, but it may include the child’s age and his or her development process, such as in health, education, and security. The parent who can give the better development for the child is the one granted custody. Since there is no clear threshold for best interest, it is often an issue in child custody, as arguments arise on who really gives the best interest to the child.

Child’s preference

It is true that when the child reaches a certain age, he or she may have a voice to choose which parent he or she wishes to be with, but it is important to note that this choice is not absolute. The court may be able to use it as a factor in determining custody, but the best interest of the child is still the primary factor. The weight of the child’s choice depends on the child’s age, maturity level, and reason for the choice.

Physical and Legal Custody

Custody can be classified as physical and legal. Physical custody refers to the right to have the child reside with him or her, while legal custody refers to the right to make decisions regarding the child’s development, such as in health, education, and religion.

Sometimes, sole custody is awarded to a parent, where he or she will have physical and legal custody over the child. Sometimes, physical custody is awarded to a parent and legal custody to the other. There may also be instances where joint custody is awarded to the parents, where physical and legal custody are divided between them.

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