Analysis of Legal Custody - Essay Example

A parent is given full custody of the child so long as it is in the best interest of that particular child. Therefore, if one of the parents does not communicate with the other on issues that favor the child and make the child’s life comfortable, it means that one of the parents who are interested in the child’s well-being has a right to be given full custody of the child. However, the parent seeking custody of the child should provide concrete evidence based on the reasons as to why he or she thinks that the partner is not responsible, and provide information showing how and why the parent has not been co-parenting or cooperating in ensuring that the child is comfortable and his or her child rights have been considered.

In this case, the parents should agree on the terms required to ensure that the child has got the medical cover, and this is to their advantage just in case the child gets sick or needs medical attention (Maggio, 2012). In the case of Jacob A. vs. C.H. in 2011, a mother who was given custody of the child was denied the request to move away from the country because she might have been moving away with bad intentions of moving away from the child’s father. The mother of the child wanted to move away from the country since the father of the child sought custody of the child in court in the year 2008.

The mother was thus restricted from moving with the child to Washington and thus, was forced to stay in California. The court believed that it was in the best interest of the child if the mother stayed in California. The court, therefore, had to give concrete information on the person who was to take custody of the child if the parents relocated to another area. The court assumed that if the mother is allowed to move to another country, she will have custody of the child and will be responsible for all the child’s needs (SussmanLawFirm, 2011).

This case is relevant to the present case because a parent who does not communicate with the other on the child’s welfare is said to be irresponsible and thus cannot be given custody of the child. In another case on Keith R. vs. Superior Court, the father of a child filed a divorce, and the mother of that child wanted full custody of the child, accusing the father of domestic violence. The court ordered full custody of the child to the mother after there were many allegations of the father’s behavior of domestic violence (Fybel & Ikola, 2009).