Children's safety is the most important element to consider after legal separation of parents. Given that a child’s security must always be prioritized especially when times of divorce crisis occur. Once settled with this case, parents can later discuss about property agreement and other relevant factors that must be settled after getting a divorce.
Before acquiring further details, it is important to know what basically works with a child custody. To state the overview, there are two types of child custody after parental divorce: it may be joint or sole. Joint custody is an agreement wherein both parties (whether divorced or unmarried) have the right to take guardianship and responsibility on their children. Thus, a child splits into each parent’s side. While a sole custody is a setting in which only one parent has a full custody on his/her child because of some cases like when the other party is abusive or not around.
Beyond its summary are more subsequent inquiries regarding the parents’ feud over child custody. Here are five of the most frequently asked questions with succeeding answers below:
Who is most likely to take the child after divorce?
As much as possible, the court wants an equal involvement of both parents to their child. Since after all, a parent-child relationship is always more important than the parents’ marital relationship. If both parents are equally involved to their child, then none of them is unreasonable for a child’s custody. Rather, both can have a shared custody arrangement wherein either of the parents can take equal rights of guardianship/visitation hours - depending on who will win the case. Mothers used to always win the custody but as changes in law have occured over time, higher courts are now considering such factors (e.g. if a mother is capable of providing safety and financial support to her child) before making final decisions regarding this matter.
Can a father ask for child custody although he is not listed on the child’s birth certificate?
Some mothers do not include the father’s name on the child’s birth certificate, especially when they are not married. Still, it is reasonable for unmarried fathers to file a child custody. Although it depends on where in the world are they in due to some variations of law from one place to another.
Can adultery affect my chance of getting/winning a child custody?
Adultery does not really affect your child custody request. Today, there are lots of cases that a child lives with a parent and a step parent. However, in some states, a doctrine called “best interest of a child” can be used in deliberation of child custody issues. The doctrine is in favor of only the best and righteous situation for any child.
Should I get a lawyer for child custody?
Getting legal advice from higher jurisdiction is endorsed to parents who are having difficulties in filing for legal custody. Family Lawyers have specialization in all family-related issues like parental divorce, child custody, property agreement, and the like. In most cases, consulting a family lawyer can be beneficial in fulfillment of queries and formulation of strategic plans.
What if the other party violates the child support and visitation agreement?
Violation of court-ordered child custody and visitation agreement can lead to serious outcomes. One of the parties can report this issue to his/her family lawyer to further discuss the possible consequences of this action. Failure to perform the mentioned court-ordered agreements will face equivalent sanctions such as attending to mediation or counselling and any other programs set by the higher court or violator shall be putting up for money/property to be unobstructed from reporting on the court.
By: Sarah Contreras
Sarah holds a bachelor’s degree in Communication with expertise in certain fields like developmental and community communication. She currently works as a web content contributor for BB Lawyers, one of the most outstanding law firms in Parramatta. What motivates Sarah to keep writing is her passion of providing information to all readers out there.