An Assessment Of Factors Governing Child Custody

Child-Custody-Lawyers-West-Palm-Beach-Florida-2-300x300In the event of a divorce, each parent has equal rights to child custody. The judiciary determines the custodian laws and accordingly, in most cases, parents have joint guardianship and equal parental rights.

The court of jurisdiction for divorce proceedings controls decisions pertaining to child’s upbringing including education, health care and religious teachings. During separation and divorce proceedings, the court grants temporary custody of the child to individuals or institutions or to others as the judge deems fit.

In certain cases, exclusive custody is often granted to a single parent. The parent who has been denied the right of taking the child under his/ her custody is allowed supervision rights or supervisory visitation rights under certain circumstances.

In cases of joint guardianship, both parents have the capability of exerting equal rights in context of decisions pertaining to the child’s upbringing and maintenance. Generally, the legal fraternity and the courts grant joint custody to those parents who are financially solvent and capable of performing their parental duties independently and as individuals as laid out by the law.

There are certain cases where the court also retains jurisdiction and weild the right to permit child custody to a third party. In such situations, the child’s close relatives usually grand-parents or blood relations are given the permission to take care of the child.

In course of marriage if the parents have more than one child or multiple children, the court has the authority to award both parents custody of the siblings in equal numbers or as per the financial stability of either parent.

However, for emotional support, the legal fraternity takes into account the welfare of the child and considers the child’s best interest. Usually it has been noticed that in most cases the courts prefer to keep the siblings together in order to protect them from further emotional suffering.

Before implementing guardianship of the child to any one of the divorced/ separated parent, the court’s decision on child custody is based on evaluating the best home environ that would determine which parent is in a better position to take the best care of the child.

This procedure is based on the wishes of individual parent, the child’s preference of any parent that depends on the kid’s relationship with the parent, siblings’ wishes and other factors like the neighbors or close relatives version.

These indices play a significant role in assessing the child’s best interest. Along with these factors, the court, when determining child custody, also considers the child’s comfort in the home, the ambience of school, community, environment and the mental set-up of the parents bringing up the child.

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