A child custody is something that has a different set of rules in different parts of the world but the meaning remains the same for each and every case. When a couple is married they are to share each and every responsibility, but what about when they get a divorce? Who gets the responsibilities then? Divorce itself is a very complex and time taking affair, a lot of things needs to be taken to be taken into account before a couple splits up. The situation becomes way more complex when there is a child in this picture. The question remains who will have the baby? Whose custody will the baby be in?
Things to consider
The custody of a child is awarded to the person who they think will be the best parent for the child. when a divorce takes places along with property and real estate, a child is also divided among the parties. Usually, if the divorce is consensual and both the parties are in good terms then the court settles on a mutual custody. Here both the parents will be equally responsible for the child and will be able to see their child whenever they want to.
Gender of the caregiver
In certain unfortunate scenarios, the court might order a parent to stay away from their child especially if the parent is abusive or harsh with his or her own child. if the child is an infant a mother is usually awarded the custody as until a certain point of time a child will need its mother’s care and nursing. The role of a child has changed over the years and with the changing roles, the decision-making scenarios have also changed. It was estimated that women can accommodate about 13 hours of care for their child while an average father can only give 7 hours per week. Thus a mother is a natural and a usual choice for custody of a child.
To determine child custody the court has to strictly abide by the Children Rights Laws that are present by the law and enforcement. There can be many types of custody that the court might settle upon, they are as follows:
- Alternating custody- the child will live with one parent for a certain period of time and with the other for a certain time.
- Shared custody- the custody will be split in a certain percentage among the two.
- Joint custody- both parents will share a physical custody.
- Sole custody- only one parent will have a physical custody.
- Split custody- parents share the responsibility of more than one children.
- Third party custody- the child is given to a foster home.
Legal guardianship has to be decided by the court. The law and enforcement will decide who will be the best fit for being the child’s legal guardian. Being said that, it is also possible for the court to not give the custody to any of the parents. If the court thinks that none of the parents is fit, they might as well settle on a foster home for the child. Particularly if the parents are abusive, the court will order some of his or her relative to take care.