Child custody and legal guardianship is a legal term used to describe the legal and practical relationship between a parent or guardian and a child in the care of the person, such as the right to make a decision on the name of a child and the obligation to care for and support the child.
Following the ratification of the United Nations Convention on the Rights of the Child in most countries, terms such as parental responsibilities, "residence" and "contact" (also known as "visit", "conservator" or "parenting time" in the United States) replacing the concept of "custody" and "access" in some member countries. Instead of parents having "custody" or "access" for a child, a child is now said to "stay" or have "contact" with parents.
Video Child custody
Issue
Housing and contact problems typically arise in processes involving divorce (dissolution of marriage), cancellation, and other legal proceedings in which children may be involved. In most jurisdictions, the issue in which the child's parent will live is determined according to the child's best standard of interest.
Parent conflict
Family law processes involving residential and contact issues often result in the most violent disputes. While most parents work together in terms of sharing their children and taking the mediation path to settle disputes, not all of them. For those involved in litigation, there seem to be some limitations. Court filings are quickly filled with reciprocal allegations by one parent against another, including sexual, physical, and emotional abuse, brainwashing, sabotage, and manipulation. The custody battle is not for the child's best interests and is often used by angry parents to control his ex-spouse.
In some places, courts and legal professionals begin to use the term parenting schedule, not prisoners and visits. The new terminology eliminates the differences between custodial parents and parents without custody, and also seeks to build the best interests of children by devising a schedule that meets the developmental needs of children. For example, younger children take shorter time, more often with parents, whereas older children and adolescents may demand less frequent shifts but longer time blocks with each parent.
Jurisdiction
Forum shopping for profit occurs between countries and where laws and practices differ between regions within a country, The Hague Convention seeks to avoid this, as well as in the United States, the Law on the Protection and Enforcement of Child Uniform Laws is adopted by all 50 states, family law courts are forced to postpone jurisdiction to the country of origin.
Gender
Because the role of children has changed over the last few centuries from economic assets to individuals, so does the role of mothers and fathers in who will provide the best care for the child. Many courts and judges are more inclined toward the mother figure when there is a trial for custody of a child. According to Family Change and Time Allocation in American Family Studies conducted at UCLA, women allocate about 13.9 hours a week for childcare while men allocate about 7 hours a week. In addition, according to the Current Population Survey, in 2013, custodial mothers were more likely to have child support agreements (52.3 percent) than custodial fathers (31.4 percent).
Women's and father's rights activists are often involved in childcare issues because equivalent parenting issues are controversial, most of the time combining the interests of children with parents or fathers. Women's rights activists are concerned about "family violence, primary care recognition, and injustice related to the provision of custody together without appropriate responsibility for child-care involvement". Fathers' rights activists are more concerned about "abandoning their rights from the lives of children, the importance of parent-child attachment, against parental exile, and access enforcement". Courts can not determine the best interests of a child with certainty, and judges "are forced to rely on their own interpretations of the interests of children, and idiosyncratic biases and judgments based on subjective values, including gender bias". Judges currently use the 'best interests of children' standard made to consider the interests of the child before the mother and father, including the mental, emotional, physical, religious, and social needs of the child.
Child poverty, lack of resources, and economic dependence of women on men are all an urgent issue that was not recorded effectively during the custody trials.
Maps Child custody
Physical
Physical custody involves daily childcare and setting out where the child will live. If the parent has a physical custody of a child, that parent's home will usually be the legal residence (domicile) of a small child. In detention cases, schedules for parents providing shelter and care for children are defined by the scheduled court jail schedule (also known as "parenting plans" or "parenting schedules" ).
Form
Forms of physical detention include,
- Alternating custody , the arrangement whereby children or children live for a long period of time with one parent and an alternative amount of time with another parent. This type of setting is also referred to as Divided custody.
- Common custody , the arrangement where the child/children live for a long period of time with one parent, and then for the same time as the other parent. In contrast to alternative detainees, both parents hold authority over children or children.
- Bird's nest cave , the arrangement whereby parents go back and forth from where the child/child is located, puts the burden of turbulence and movement on the parents rather than children or children.
- Common custody , the setting in which both parents share physical custody. ( la garde conjointe in French)
- sole custody ( exclusive garde in French), an arrangement whereby only one parent has physical custody of a child or child.
- Divide custody > ( la garde divisà ©  © e in French), an arrangement in which one parent has full custody of multiple children, and other parents have full custody of other children.
- Third party custody , the arrangement in which children do not live with biological parents, and is placed under a third person's custody.
Shared
Joint physical detention involves a court order granting child custody to both parties. In joint custody, both parents are custodial parents and both parents are non-custodial parents; in other words, the child has two custodial parents.
If a child has a legal residence with both parents, the parent shares a "shared physical custody" and each parent is referred to as the "custodial parent" . Thus, in joint physical custody, no parent is said to be a "non-custodial parent." In some jurisdictions, the term "visit" is no longer used in the case of shared custody, but is used only for a single detention order.
In some jurisdictions, "shared physical custody" creates a presumption of "equal parenting", but in most states, collective physical custody creates only the obligation to provide each parent with a "significant period" of physical custody so as to ensure the child of "frequent and ongoing contacts" with both parents.The court does not clearly define what "significant period" and "frequent and continuous contacts" mean, requiring parents to file lawsuits to find out.
Many jurisdictions recognize two common forms of custody: shared physical custody, and common law custody. In shared legal custody, both parents share the ability to have access to education, health, and other records, and have the same decision-making status in which the child's welfare is concerned.
In shared physical care, which will include the joint physical care, lodging and actual care of the child is divided according to the court's custody schedule (also known as parenting plans or childcare schedules ). Other terms can be used instead of visits , such as "time sharing" or "parenting time". In some countries, joint physical nurture creates an equal shared parenting presumption, but in most states, collective physical counseling creates an obligation to provide each parent with a "significant period" of physical custody to convince the child of "frequent and continuing" contact "with both parents.For example, US states like Alabama, California, and Texas do not necessarily need a joint custody order to produce substantially the same parenting time, whereas countries like Arizona, Georgia, and Louisiana do need a command together with a counselor to produce substantially equal parenting time, where possible.The court does not clearly define what "significant period" and "frequent and continuous contacts" mean, requiring parents to file lawsuits to find out.
It is important to note that joint physical custody and shared legal custody are different aspects of detention, and the determination is often done separately in many state divorce courts. For example, it is possible to have shared legal custody, but for one parent to have the only physical custody In some states it is referred to as the Custodian Parent and the Non-Custodian Parent.
Also, where there is shared physical custody, art requirements such as "main custodian parent" and "primary residence" have no legal meaning other than to determine tax status, and both parents are still custodial parents.
Sole
The only physical custody means that a child will live with and be under the supervision of one parent, subject to the power of the court to book a visit. Physical detention involves the day-to-day care of a child and establishing where a child will live. Parents with physical custody have the right to have their child live with them. If a child lives with only one parent, the parent has the only physical custody and is said to be the custodial parent . Other parents are said to be non-custodial parents , and may have visit rights or visits with their child.
Usually parents who are believed to judge the quality of the child more than others are given single custody, leaving the parents with the highest appraisal of the best incentives.
Custodian parent
A custodian parent is a parent who is provided with physical or childcare by a court order.
A child custody means a decision, decision or other injunction from a court that provides legal custody, physical custody, or a visit with respect to a child. This term includes permanent, temporary, preliminary, and modified commands. This term does not include orders relating to child support or other monetary obligations of an individual. Where the child will live with both parents, joint physical custody is ordered, and both parents are custodial parents. Where a child will only live with one parent, the only physical custody ordered, and the parent with which the child lives is a custodial parent, the other parent is a non-custodial parent.
Non-custodial parents
A non-custodial parent is a parent who does not have the physical care and/or law of their child by court order.
A child custody means a decision, decision or other injunction from a court that provides legal custody, physical custody, or a visit with respect to a child. This term includes permanent, temporary, preliminary, and modified commands. This term does not include orders relating to child support or other monetary obligations of an individual. Where the child will only live with one parent, the only physical custody ordered, and the parent with which the child lives is the custodial parent, the other parent is the parent without custody. However, it should be noted, where the child will live with both parents, joint physical custody ordered, and both parents are custodial parents.
Legal
Legal detention involves dividing the rights between parents to make important life decisions with regard to their small children. Such decisions may include the choice of a child's school, the choice of a doctor, whether the child should attend therapy and with what therapist, and decisions related to medical and orthodontic treatment.
Legal detention may be shared, in which case both parents share the right decision-making, or the only one, in which case one parent is granted the right to make key decisions without regard to conflicting wishes from the other parent.
The rule of "best interest"
In the context of cases of custody, the rule of "best interest" shows that all legal decisions made to accommodate children are made with the aim of ensuring the overall happiness, security, and well-being of the child. There are many different factors that go into decisions made in the best interests of the child, which include: child health, the environment and social interests, the relationships parents have with children, and the ability of each parent to meet the child's needs.
Problems with the "best interests" rule
The rule of "best interest" has been regarded as the standard in determining child custody for the past 40 years in history. Although it has been highly favored among the legal system, there are some shortcomings of the concept. Robert Mnookin, an American lawyer, author, and Professor of Law at Harvard Law School, claims that the rule of best interest can not be determined. This is regarded as a broad and vague set of guidelines that only lead to increased conflicts among parents rather than encouraging cooperation that will actually lead to the best interests of the child being met. Some of these issues specifically include:
- The current tests for the best interests result in high costs, which may be levied on the courts and the opponents.
- Verifying the best interest standards is difficult to achieve. The privacy of family life makes judgments about the evidence given difficult. The best interest standards only exacerbate the problem, where both parties are encouraged to introduce evidence of their quality of care (which also promotes trying to disprove the opposing party's ability to take the child into custody).
- In the example of divorce, both parties experience high levels of stress, which can be a poor basis for assessing family behavior and relationships.
To better analyze the "best interests" of children, several experiments were conducted to observe the opinions of the children themselves. Children from divorce are found wanting the same time with their parents. Studies conducted by Wallerstein, Lewis and Blakeslee (2002) show that children of all ages show that equal or shared parenting is best for them, 93 percent of the time. Several other studies were able to produce similar results, including Smart (2002), Fabricus and Hall (2003), Parkinson, and Cashmore and Single (2003). Consequently, there is an incentive to allow parental rights with children in recent years, which seek to meet the interests of children and most clearly support gender-neutral attitudes on custody issues. However, the decision is very situational, for joint custody can only be achieved without certain exceptions. For example, the history of domestic violence found by one parent can surely defeat the possibility of shared custody of a child.
Australia
Every parent has responsibility under the Family Law of Australia for their child/ren. In the case of separation or dysfunction between two parents, the responsibility of the parent does not change.
In the case of divorce or separation of parents many obstacles may fall in the way of custody of their children, deciding who will become a custodian parent and so on. In Australia, when parents can not reach an agreement that meets both their needs when it comes to child custody, their case is brought to trial in more scenarios than expected. When parents can not agree to these arrangements and bring problems to court, the courts make orders about parental responsibilities, they have the power to approve and make consent orders.
United States
Looking at the history of parenting shows how children's views and relationships between husband and wife have changed over time. Children's views have changed from economic assets to individuals with their own interests. Father has also been seen as the head of the household compared to today, when father and mother have the same position in caring for their children.
The colonial era and early republic: 1630-1830
During this time period, custodial issues arise with opportunities other than divorce such as the death of the father or both parents, the inability of the parents to care for the children, or in situations involving illegitimate children. Children at that time were seen as economic assets with the value of labor. In addition, the only other important consideration in determining custody is the ability of adults to supervise and raise children. Widows will lose their children because they will not be able to support them. These children will be taken from the mother and given to other families who will support the child in return for child labor services. Otherwise, the father is seen as the head of the household and has complete custody of the children.
The nineteenth century
The children's view as servants for their father and economic assets began to change in the nineteenth century. Children are seen to have their own interests that are often associated with nursing care. The women's movement at that time also fought for women's rights to child custody in their campaigns. The judge finally begins to support the "best interests of the child," which, especially for young children and women, is attributed to the mother. Maternal assumptions are legally developed through legislatures such as the "Doctrinal Tender Year" which considers that children should be placed with their mothers in a prisoner debate. Giving custody to dad looks "to hold nature in humiliation, and grasping helplessly, crushing a baby from the chest of a loving mother, and placing it in the father's abusive hands" when the mother is "the most gentle and safest nurse of infancy". This motherly assumption continues for over a hundred years. The only exception to mother's assumption is if the mother is considered "unworthy." Most often, this happens when women commit adultery or leave their husbands.
Beginning of the twentieth century
At the beginning of the 20th century, divorce cases became more common, and disputed custody simultaneously became a problem affecting many families. With a change in attitude from Roaring 20, women's sexual behavior no longer prevents her from receiving custody for her children. Double standards regarding the father's and mother's sexual behavior have been removed. Keezer's new rule on Marriage and Divorce Law states that "Where children of the tender years, other things are equal, mothers are preferred as their caregivers, and this is more specific in the case of girls, and this though he may be guilty of delinquency in the past but there is no evidence that he was mischievous at the time of determining the matter by the court. "
End of the twentieth century and early twenty-first century
In the late twentieth and early twenty-first centuries, divorce rates increased dramatically. Because of the nature of divorce, the rules governing child custody become increasingly difficult to determine. It was at this point that the idea of ​​a favored mother to get custody of children in divorce events was challenged. "The simple fact of being a mother does not, in itself, indicate the capacity or willingness to provide a quality of care different from what the father can provide," a New York court declared in 1973. It was at this point that the foundation of the "best interest rule" to address many aspects of parenting to promote gender neutrality in custody decisions. These aspects include, but are not limited to, the mental, emotional, physical, religious, and social needs of the child. All children have the right to services that prevent them from physical or psychological harm. This means that when assessing the best interests of the child, it is not only important to assess parents who are struggling for custody, but also the environment in which the child will be placed under the care of one parent. In situations where no parent is considered the right nanny for a child, custody will be given to the parenting center.
See also
- By country or culture
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References
Source of the article : Wikipedia
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