| A divorce is a painful process for all those involved, | | | | reached, and then the child custody case would then |
| and is especially agonizing when one adds a | | | | be presented before a court of law which will make |
| long-drawn-out battle for child custody or financial | | | | the decision on behalf of the family. Visitation rights and |
| settlements to the mix. Placing children in the center of | | | | child custody cases a determined based upon the |
| a battle between their parents is putting undue | | | | following criteria: |
| emotional stress on the children and often times have | | | | · A settlement reached between the parents |
| the children thinking the 'war' between their parents is | | | | on their own: if this can be accomplished, an unofficial |
| their fault. | | | | meeting is set between the two parents and their |
| Before a couple legally separates, it is paramount for a | | | | respective lawyer who help to guide them in this |
| couple to sit down and discuss, as civilized as possible, | | | | delicate and sometimes painful procedure. An |
| the arrangement for custody. In order to make an | | | | out-of-court settlement is called for if a conclusion is |
| informed decision, one would be wise to educate | | | | reached without having to take the case to court. This |
| themselves to the ways of child custody issues | | | | process would use an intercession or the use of laws |
| before jumping into such a life altering decision. | | | | related to collaboration. |
| Some of the basics are that 'Child Custody' is often | | | | · Court determined verdict: if a separation is |
| known as 'Guardianship' and both are considered legal | | | | especially disagreeable between the two parents, then |
| jargon. These terms suggest a sense of realistic and | | | | the couple usually is unable to reach a conclusion |
| lawful bonding between parents and their children in | | | | about custom with out the assistance of a third party. |
| which the parents are obligated to care for the minor | | | | Sometimes an acrimonious divorce often involves |
| children and are charged with making all the important | | | | violent disagreements about custody of minor children |
| decisions on those children's behalf. | | | | and visitation. In these situations, the court would be the |
| All over the world, The United nations Convention on | | | | ideal place in which a final decision - for the benefit of |
| the Rights of the Child have been approved in several | | | | the child or children - could be made. |
| different countries with more emphasis being placed | | | | Generally, in court custody battles, exclusive rights to |
| on the concepts of 'residence' and 'contact', which | | | | the children are awarded to the mother. If the children |
| constitutes the model of 'visitation' in the United States. | | | | or very young or minor, this is quite strictly adhered to, |
| This is a discrepancy from the former tradition of | | | | nevertheless, in custody battles involving unmarried |
| dwelling on the concepts of 'custody' and 'access'. In | | | | couples, guardianship is also awarded to the mother. A |
| legal term and otherwise, a child may 'reside' or be in | | | | father of the children could contest the mother having |
| 'contact' with one of its parents, rather than a parent | | | | custody by appealing the decision, but the ruling is |
| having its 'custody' or 'access' to it. "Parent | | | | often not in his favor, especially if the mother has |
| Responsibility' is what this newly developed | | | | impeccable parenting skills and can prove them. |
| international categorizations are falling under. | | | | Once in a while, people who are not the child's actual |
| A child's well-being and best interest must be | | | | parents sometimes seek guardianship, these people |
| considered before granting custody of the child to | | | | are generally a relative or intimate friend of the family. |
| either parent in a divorce case where the couples are | | | | Grandparents, aunts and close friends are the most |
| fighting over the rights to custody. The | | | | likely to seek custody of children in custody battles |
| abovementioned are used liberally in the decision | | | | when the parents might be seen as unfit. Although, the |
| making process. | | | | court is usually very strict in dealing with such |
| Lawyers are usually the ones who help couples in | | | | procedures and weights all sides with the utmost care |
| determining the custody rights of their children between | | | | because if the parents' incapacity as the best guardian |
| themselves; however, if a couple is unable to come to | | | | is proved then guardianship may be given to one of |
| an amicable conclusion where no agreement can be | | | | the other claimants in the case. |