Child custody

Introduction
Let’s start with who suffer the most after the
separation of parents/couple?
The one who suffers the most is the child/children
born out of marriage. After the separation of
couple/parents the question lies who will get the
custody of a minor child. The issue of child custody
crops up during divorce proceedings, or judicial
separation. It refers to the process of child custody
who is below 18 years by the custodial parent under
set parameters such as financial security,
understanding with child lifestyle etc. the prime
rights of education, development, medical,
emotional, physical etc., lies with the custodial
parent while the non-custodial have the right to
meet/visit the child.
With the recent advantages, courts are now
having to deal with decisions regarding coming
baby that is who is already in the mother’s
womb. In several recent custody cases, couples
have fought over the custody of frozen
embryos. Fertilized embryos contain the genetic
material of both the mother and the father. If we
see the history usually the mother wins the fight
of keeping the unborn baby. However, the
father is given the right to not pay child support
in certain cases. The most recent case law on
the legal status of unborn child is that either
genetic parent has an entire right to prevent
instilling of any frozen embryo.

Custody of a child means the parent has the

right to take care of the child who is below 18
years. The parent in whom the defensive right
is endow is supposed to look after the
financially, prolongation of the child with regard
to proper condition, healthcare, emotional,
physical and medical development. The other
parent is provided with the only right to access
and meet the child. The family courts while
arguing on the proceeding of custody, base
their recommendation on the best delight of the
child in question.

Types of child custody

There is a variety of child custody story line. It is
useful to nifty the viable types of child custody.
In some cases, a judge may permit solitary
custody to a parent in a ball game where the
other parent is consider out of condition or
unable to take authority for the child. When
single physical custody is bestowed, one parent
has the right to have the child live
predominately with him or her. That parent is
then known as the custodial guardian. These
specimens are rare and limited to situations
where there is disdain, drug or alcohol abuse,
child abuse, a history of violence or delusions.
Courts most often award joint custody to allow
both parents to progress a bond with their child,
even when the bond between parents has been
shattered.

Physical Custody
Physical custody is defined as the right to have
the child live with you. This engages the day-to-
day care of the child and adjudicates where the
child will live. Physical custody is different than
legal custody. It is important for the parents to
discriminate between physical and legal
custody prior to making their custody request.
When the child lives primarily with one parent,
that parent is indentified as the custodial parent
with full physical custody or sole physical
custody. The other parent is considered the
non-custodial parent and would be awarded
visitation rights.

Legal Custody
Legal custody of a child gives the parent the
right and obligation to make decisions regarding
the child's upbringing. These decisions include
where a child will attend school, (private school,
public education, or home schooling), the
medical care they receive and what religion
they will be brought up with. It also relates to
the general welfare of the child. There are two
different types of legal custody. Sole legal
custody and joint legal custody. Joint legal
custody is most often awarded unless one of
the parents is deemed incapable of taking care
of the child.

Joint Custody
When there is a joint custody arrangement,
both parents share the responsibility for major
decision-making. This arrangement allows for
the responsibility to be shared without over
burdening one parent. When the children are in
the actual physical custody of a parent, that
parent has the responsibility for ensuring that
the children are fed and properly cared for and
taken to school. That parent must also take
responsibility for any medical or dental
emergencies which arise. Joint custody means
that parents share both joint legal custody and
joint physical custody. This arrangement can be
established either by a parenting agreement, or
it can be ordered by the judge. A written joint
custody agreement can be helpful to establish a
foundation for a successful co-parenting
relationship. It should be flexible to allow room
for adjustment as the children grow and their
needs change. Parents will need to make
arrangements for financial support. Some agree
to share this equally, while others pay the costs
as they occur.

Split Custody
A split custody arrangement is where custody is
shared equally or at least, the visiting parent
has substantially more time with the children
than in the customary visitation agreement. This
type of custody can be divided on a week to
week or monthly basis. One parent can be the
custodial parent during the school year, and the
other during summer vacation. There are some
split custody arrangements where the children
stay in the former family residence and the
parents have separate residences and take
turns moving in and out of the family residence
to be with the children. This is also referred to
as "Bird's Nest Custody", or "Bird Nesting". In
certain situations, split custody may also be an
option in which each parent takes custody of a
different child. This arrangement is generally
disfavoured by judges because they are
reluctant to split up siblings.

Third Person Custody

A court can award custody of the children to a
third-party if they have sought custody. Usually,
this is a grandparent or other close relative. The
third-party may have become the primary
caregiver for a child or children when
circumstances arise whereby the parents are
unable to care for the children. This may be due
to the death of the biological parents, or where
both parents are deemed unfit. In order to file a
non-parental custody petition, the third-party
must meet two criteria. These are:

Adequate Cause
This requires that the mother and/or father meet
the legal definition of unfit parents which can
include abandonment, severe neglect, physical,
emotional or sexual abuse of the child, drug or
alcohol addiction, incarceration, or criminal
activity.

De Facto Parenting
The third-party must already be acting in a
parental role by providing shelter, providing for
the child financially, and making decisions on
behalf of the child on a day-to-day basis. A de
facto parent can be a stepparent, a
grandparent, godparent, family friend, or other
relative of the child.

Third Person Custody is Not Permanent

As in any custody matter, third-party custody is
not a permanent arrangement. The court can
rescind or modify non-parental custody at a
later date. Only the state can terminate parental
rights. Biological parents who are determined to
regain custody of their children often prevail if
they can prove to the courts that they are no
longer deemed unfit.

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Merits and demerits of child custody

There are many reasons some people choose
not to get a custody order from a court. Some
people decide not to get a custody order
because they don’t want to get the courts
involved. They may have an informal
agreement that works well for them or they may
think going to court will provoke the other
parent into seeking custody or visitation that
they do not already have.

Getting a custody order can give you:

the right to make decisions about your child;

and
the right to physical custody of your child (to
have your child live with you).
One of the benefits to a custody order is that
there will be a specific schedule as to who has
the child at what times. However, it might give
the other parent more visitation or custody
rights than s/he is using now. Without a custody
order, both parents (assuming paternity is
established) likely have equal rights to the child.
Therefore, it could be possible for the other
parent to pick your child up and keep custody
from you until there is a custody order that says
otherwise. If you fear that the other parent
would do something like this, you may decide to
file for custody to try to prevent a situation like
this. We strongly suggest talking to a lawyer
about what is best in your situation. See OK
Finding a Lawyer for free and paid legal
referrals.

It is important to note that you do not need a

custody order to file for child support. If you
need child support, the Department of Human
Services, Child Support Enforcement Division
(CSED) can help obtain a child support order. If
necessary, the CSED could have an
administrative hearing and determine paternity
by order genetic testing of the mother, child and
possible father. They will order that child
support be paid to the parent that has present
physical possession of the child even without a
custody order.

Causes of child custody

Allegations or neglect
When the court notices any neglect from any
side of the parent, they will reconsider the child
custody. If any claims of the from the child or
any parent come true, then the court will decide
how to arrange the custody.

Effects of child custody

Infants and toddlers. Regression in sleeping,
toilet training, eating or learning new skills;
sleep disturbances; clinginess with parents;
general crankiness, temper tantrums, crying.
Three to 5 years. Regression by returning to
security blankets and discarded toys, lapses in
toilet training, thumb sucking; making up
fantasy stories; blaming themselves, feeling
guilty; bedtime anxiety, frequent waking; fear of
abandonment, clinginess; irritability,
aggression, temper tantrums.
Six to 8 years. Pervasive sadness, feeling
abandoned and rejected; crying and sobbing;
afraid worst fears are coming true;
reconciliation fantasies; loyalty conflicts, feeling
physically torn apart; impulse control problems;
disorganized behavior.
Nine to 12 years. See family issues clearly, try
to bring order to the situation; fear of loneliness;
intense anger toward parent they blame for
divorce; physical complaints, headaches,
stomach aches; become overactive to avoid
thinking about family problems; feel ashamed of
the situation and different from other children.
Adolescents. Fear being isolated and lonely;
see parents as leaving them and being
unavailable to them; feel hurried to achieve
independence; feel in competition with parents;
worry about their own future loves and
marriage; preoccupied with survival;
uncomfortable with parents dating and
sexuality; chronically tired, trouble
concentrating; mourn loss of their family,
childhood and future as a family unit.
Of course, children can also suffer ill
psychological effects when they’re trying to
navigate an environment where family violence
is present, as well as the negative effects of
shared custody arrangements that don’t serve
the child’s best interest. Whether you’re a
parent battling for custody or a concerned
bystander, say you’re dating a woman in a
custody battle, if you see any signs of emotional
stress in a child, take notice.
Solution
Joint custody, in general, means living with one
parent and visiting the other. With shared
custody, where time with the children is more
evenly allocated, it helps if both parents live
near the children’s schools. This makes it
easier to manage school schedules, particularly
when there are multiple children involved.

Some ideas are truly outside the box, for

example, the “birdnesting” plan, wherein the
children stay in the family home all the time,
and the adults move in and out. This solution
gives the children stability and allows them to
remain close to their schools, neighbors and
friends.

Tempting though it might be, it is unproductive

for parents to make derogatory comments
about each other. Putting children in the
position of choosing one parent over the other
is not in their best interest.
Even the most creative arrangement may need
modification as the children get older. The court
will likely approve a modification if both parents
agree to the terms and it is in the children’s best
interest. Regardless of the details, a successful
custody plan requires the cooperation and
flexibility of everyone involved, and it may take
some creativity as well.

conclusion
the custody of a child remains one of the most
sensitive and convoluted issues caused due to
the separation proceedings of the parents. the
custody, as seen, is guided mainly by the
middle ground established by the judges on this
regard. there has been a marked controversy
between the various religious laws and the
uniform legislation enacted by the state.
however, the controversy regarding the various
viewpoints of law should not compromise the
future of the child. while resolving various
pieces of legislation, it should be remembered
that the welfare of the child along with assured
social security is the prime motive behind the
custody of a child. hence, any hindrance
caused by law in this front should be addressed
to and then rectifie.