The Custody of a Child in a Divorce

Divorce is a lifelong stress-giving process in the life of most individuals. It is the termination of a marriage by court judgment by awarding a judicial decree declaring that the marriage is to be dissolved. Then, both spouses are free to marry again. Each divorce is different and unique in its own way. The prospect of divorce may be taking the decision for divorce after undergoing lots of negative situations and tensions in their marital life. Hence, the prospect initiates a wide range of emotions and can be traumatic. If children are there in the relationship, divorce would affect their psychological aspects and their overall health. Children are often prone to show traces of anger, abandonment, denial, depression, etc. along with other behaviors. They are the most traumatized among everyone involved in a divorce. 

The custody of children is the most important part of the divorce as the future of the child or children would depend on the verdict of the court on their custodian. The custody of a child is a sensitive and emotional concern after the court decision during and after the divorce. Custody of a child is the legal right given to a parent by the competent court to make important decisions like education, health, religion, place of living, etc. as the situation arises in the child's life. The custody rights of the child can be assigned to one or both of the parents. When custodian rights are assigned to one parent only, it is called Sole Custody. In the case of Joint Custody, both parents share custody rights. Then, there is Physical Custody and Legal Custody. Physical Custody determines where the child should be living. If Legal Custody of the child is given, then the parent or parents (in case of joint legal custody), have the right and responsibility to make decisions on the important aspects of a child's life, like education, religion, insurance, and health care. The court may give the custodian rights as sole physical custody or joint physical custody or sole legal custody or joint legal custody or a combination of these. Usually, brothers and sisters stay together but in some cases, the court splits these children. The situation of the parents or of the child can change later on. Hence, it might be needed to revise the parenting plan or the Child Custody arrangement as and when needed. 

Each state in the United States has its own laws regarding the custodian of the child; though the criteria may be different, they all follow the same principle. One of the main criteria considered by the court while making the decision on custodian is that ‘in the best interest of the child’. The court may consider the preferences of the child, especially if he or she is of the age of 12 years and has the capacity to explain and reason. The child’s bond with the parents is taken into account; whether he or she is more attached to father or mother? The safety of the child based on the personality characteristics of parents is also checked upon. Like for example, the caring nature of a parent and the violent behavior of another parent. The physical health, mental conditions, and negative habits of the parents are also taken into account. Another criteria considered is the primary caretaker of the child during the past and the current situation. Among other factors, the court may consider the parent who will be able to keep up the child’s contact with a non-custodial parent continuously. The non-custodial parent usually gets visitation rights. The custodial parent should at least have enough financial resources to support himself or herself and have more resources than a non-custodial parent. In short, the custodian of the child should be given to the parent, who can ensure him or her a secure and safe environment to live in. 

Family Law is a relatively broad area, which deals legally with matters and issues related to family relationships such as divorce, child custody, paternity, child adoption, guardianship, property, etc. An experienced Family Law Attorney can help you to devise a divorce settlement plan as quickly as possible as they are skilled in handling issues like division of marital property, proposing a plan for child custodial rights, visitation, etc. Benson Law Firm Jonesboro AR has an overall 24 years of experience. Their experienced attorneys in Family Law are here to help with compassion to get you out of the situation you are in. Hence, the help from the right professional is just a call away! Call (870) 236-1414, to get a free consultation from Benson Law Firm! Visit https://www.bensonlaw.net/, to learn more about Benson Law Firm.