Considering Divorce? Learn the difference between child custody
If you often watch celebrity gossip shows, surely you are no stranger to the celebrity couple’s divorce drama. Apart from asking for rights in the form of assets, dramas over the custody of children also often occur. Then, what exactly are the rules for distributing custody when a divorce occurs, who has more rights?
sole custody vs joint custody rights to choose, all decisions of course the court will have a share in it.
Definition of Child Custody
Before discussing further the distribution of custody in the event of a divorce, it is better if you first understand what is meant by child custody. Custody of the child itself means caring for, nurturing, and caring for the child.
It is understood as an effort to care for, nurture, and care for children who are less than 12 years old. In that age range, it is known that children have not been able to distinguish and choose precisely which things are good and bad in their life. Therefore, children need adults to take care of them.
Both the father and mother have custody of their children, either while they are still married or when they are divorced. This means that both parents have the same obligation to care for and educate their children. This statement also refers to the right of children not to be separated for any reason from their parents, which is stated in the International Convention on the Rights of the Child.
Causes of Child Custody
The emergence of the topic of custody of children is generally due to the divorce between the two parents of the child. As parents, of course, both of them want to get custody of their children. If custody of the child is obtained, then either the father or the mother has the right to live with the child and take care of him.
It is not the mother who will get custody of the child. There are several possibilities or things that allow a father to get custody of his underage child. A father does not get custody of his child, but still has the full obligation to provide for his baby.
In some cases, it is also possible that the child is the family of the child in a straight lineup. Adult siblings of the child also have the right to care for the child. However, this provision of custody is only if both parents are proven unable to care for their child according to the Court’s point of view.
The court can grant sole custody to the parents if the parents are unable to communicate without conflict. Another common scenario in which a court can grant sole custody of the parent is when the other parent is not eligible to make important decisions regarding the child. A parent can be deemed “unfit” if there is a history of neglect or abuse that adversely affects the well-being of the child or if the parent has a history of alcohol or drug abuse.
When one parent is granted custody of the other. Foster parents have the right to make decisions regarding the child and the foster parents are responsible for the affairs, behavior, and welfare of the child. One example of a decision made by a parent exercising sole legal custody is whether the child will follow a particular religion. He can make such decisions without consulting the other parents or obtaining his or her consent or consent to these decisions. The other parent does not have the legal authority to make binding decisions for the child.
Where each parent will have an important role in childcare. Since the early 1980s, most states have enacted laws supporting joint custody of divorced partners, basing these laws on studies and research that show greater benefits for a child if both parents are involved in his life. Found that children in joint custody settings suffered fewer psychosomatic problems than those who lived mostly, or only with one parent.