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Custody of a child may be awarded to one of the parents after the divorce. The purpose is to ensure proper care, maintenance and control of the child by a responsible elder person. In most circumstances, only biological parents can take decisions regarding custody of the child. They have to decide education, residence, religious upbringing and health care issues. These decisions do not require securing legal rights if the parents are married and listed as parents in the childs birth certificate. However, in case of disagreement between parents, the custody is determined by the juvenile court or family court. This can be the case even in circumstances where government officials think a parent is not fit to take decision on the child's custody. There are many job firms that offer legal recruitment services.
Parents Who Are Divorced
A divorce proceeding also involves ensuring proper custody of the child. It is part of the final divorce judgment. The custody of the child is awarded to the parent who is judged better and more suitable to take care of the child. The decision also specifies how the visitation process will be handled by both parents. The financial support for the child is decided in the decree. This child custody award is subject to change when the child enters adulthood age. In some cases, earlier custody award can be overturned in changed circumstances. It is to ensure correction of outdated or poor decisions. At the same time, this factor can be used by the other party to drag custody battle for years in courts.
If parents of the child were never married, the court generally awards the physical custody to the biological mother. In some cases, it can be contested by the biological father. It is generally difficult to deny custody of the child to the mother who has proved a good parent. At the same time, a biological father has higher priority over foster parents, relatives, and strangers who may want to adopt the child. The state can obtain child's custody only if the unwed father can be proved unfit for taking care of his child.
Factors That a Divorce Court Considers When Determining Visitation Rights
The court takes into account prior relationship and interaction with the child. The person's interaction with the child's siblings and other relatives are considered. The geographical location of both parents and age of the child are considered. The court has to see how the child will adjust to the school, home and community. Most importantly, the child's wishes and concerns are obtained during the interview in the court chamber. The purpose of all these processes is to ensure protection of the childs interests.
The court appoints an individual to investigate the claimants physical and mental health conditions, education, work, home life, relationship with children, family members and criminal history. The investigator prepares a report which is submitted to the judge. The final custody rights and parenting rights are determined by the court after taking all these details.
A parent has to hire a family lawyer who specialises in divorce proceedings. The professional must have good record in obtaining custody rights of the child in divorce cases.