Understanding the Laws of Child Custody - Book Report/Review Example

Child Custody Child custody is a legal relationship between a parent and a child. In this, it is parent's duty to take care of a child and take important decisions of a child. Mainly there is an issue of child custody when the parents are divorced. When the parents are divorced then court decides what to do. If the children are living together with parents before divorce then the custody is given to both parents even if they are separate (Watnik, 2003). When deciding a place for a child where would that child live then it is decided on some basis like where a child is willing to stay keeping in mind about his comfort level. The parent who is chosen as a guardian has to take care of a child like he has to keep in mind that all facilities are given to him like educational, physical; health etc. there is temporary custody in which the child is with the parent till the parents get divorced. Then full custody is given to a parent then that parent becomes responsible for everything of a child (White, 2005). The non-custodial parent is allowed to visit his child and take care of the child in some cases. In some cases there are joint custody parents as well. In this situation, both the parents are allowed to take care and take decisions about the child. Both the parents are given equal rights. In some cases, custody is given to the third person like grandparents or any other relative. The court decides where child will stay. Even the children can be separated. There are many forms of custodies. The first one is alternating custody. In this type of custody, the custody is first given to one parent for some time and then to the other parent. In this time period, the care taker parent has the individual charge over the child. Shared custody is similar to alternating custody but in this, the charge is given to both the parents at a time. In joint custody too, both parents are given the rights to take care. But sole custody is different. In this, all the rights are given to single parent. In split custody, one parent is given a responsibility for one child and other parent is given for the other child (Watnik, 2003). There are various types of custodies. Physical custody is in which day to day care is required. Whoever parent is a physical custodian has authority to make the child live with him or if a child lives with both the parents then each parent is called custodial parent. In sole physical custody, a child lives with a single parent with full rights on that parent. The person who is the care taker is called as custodial parent and who is not having the authority is said to be a non-custodial parent. If the court finds that the parent is not suitable for a child then the court can change its decision anytime. The court always tries to have a fair decision. Both the parents love their child a lot so wants to have their child with him but the court keep in sight that that would take care of a child properly. In this case the court has to decide that who will be able to fulfill the child’s demands in better way an d then the custody is granted to that party. It is very difficult for parents to decide that with whom the child should live. In that case, the court takes decision or a third person that is an eldest person of the family. He decides whatever is fair with both the parents. Mostly the parents co-operate with other in keeping their child as a joint custodian (White, 2005). There are many parents who fight for child custody. To win this case, the parent has to make the judge confirmed that he is more interested in being a guardian of a child. In this, the parent has to be in touch with the child as it is strictly inspected by the judge. Judge inspects it very carefully and does not believe only on saying of the parents that he is the best. Some proves are supposed to be provided like documents and some witnesses who can prove that he has all the parental capabilities. Many records have to be kept that shows that a parent is taking extraordinary care of a child. The parent’s only focus is on being a best parent. The parent should be mentally perfect to fulfill all the responsibilities. Some places have child custody rate of approximately 67%. 90% of the women are approximately given the custody and 10% is given to fathers but out of them too only 39% were happy with their fathers. In joint custody, 48% of the mothers and 6.5% of the fathers were given the responsibility (Watnik, 2003). In some cases, the child is being tested like some lawyers ask questions from a child in private. It is obvious that the parents who have been given the custody would like to move from a place where he was living. He does not want to have any interaction or interference of the other parent. This is done with the permission of the other parent or a court’s permission. The court decides on basis of child’s betterment. It is believed by many people that the responsibility should be given to mother as no one else can take care better than a mother but this is not right. The custody goes with the person who is best for the child. It is seen through the understanding between a child and a parent and the parent who would be giving best attention (White, 2005). Age is a major factor in deciding. If a child is young then a court can decide but if a child is a teenager then court gets confused on what to do. The teenager never seems happy with the decision. It is even very easy for a teenager to visit his parent if he wishes to do so because court or parents also decide a procedure for such meetings (White, 2005). The parents also wish to keep their children with them. It is also very important for parents to look where their child would be more happy and comfortable. Many parents fight against each other for their child. But this should be kept in mind that in this process and fight, the happiness of a child should not be neglected. The parent, who has given the responsibility, should always fulfill all the child’s demands and wishes. It should be kept in mind that the child is given all the comfort levels that he deserves and with the parent’s decision, the child’s future should not be affected. References Watnik, W. (2003). Child Custody Made Simple: Understanding the Laws of Child Custody and Child Support. London: Single Parent Press White, G. (2005). Child Custody A to Z: Winning With Evidence. London: iUniverse Read More