Readings On Divorce Custody Law – It Can Never Be A Case Of One Rule Fits All

In Alienation of Affection, Best Interest of the Child, Childrens Rights, Civil Rights, CPS, custody, Divorce, Family Court Reform on July 5, 2009 at 12:03 am
Readings On Divorce Custody Law – It Can Never Be A Case Of One Rule Fits All


Divorce is deeply traumatic to everyone involved, not just the husband and wife who wish to separate. All children born from that marriage will be affected and that is why provision must be made for them. Human beings are each different and our circumstances differ greatly. Therefore it is not possible to have a single stipulated divorce custody law that can cover every unique case.

If this was possible, most divorce attorneys would be out of a job. Instead, divorce custody law is seen as a blanket that covers all the issues pertaining to custody. It is under this blanket that each issue has to be addressed separately as each case presents itself. Divorce custody law has as its ultimate goal to work in the best interests of the child or children. This means that throughout the whole divorce process where there are children involved, the divorce custody law will make provision for the children as first responsibility, not the parents.

Divorce Custody Law: Children Are The Top Priority

Divorce custody law has changed radically over the past decades. There was a time when children were automatically seen as the property of the father with no room for negotiation. As time went on it became clear that most often children would fare better being placed with their mother. Here again divorce custody law was amended. The world and how issues are addressed has undergone many changes and it is within this modern framework that divorce custody law now functions.

The norm is that under common legal provision both parents have equal right and joint guardianship of children born in that marriage after a divorce. Unhappily the norm is not always the best for the child or children. In such cases divorce custody law can be applied in such a way that there is the choice of several types of child custody. During the divorce process it will be looked at whether temporary custody should be awarded until after the finalization of the divorce.

Then it will be decided whether exclusive custody to one parent is advisable or whether joint custody will be the most beneficial to the child or children. Divorce custody law also makes provision that custody could be awarded to a third party. The court will consider the needs of both the parents and the requirements of the child too. In the end a decision will be made through divorce custody law that is in the best interests of the child. This includes the childs wellbeing in the home and community, schooling and religious education as well as his or her physical health and mental wellbeing.

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Readings On Divorce Custody Law – It Can Never Be A Case Of One Rule Fits All.


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