Divorce custody law – it can never be a case of one rule fits all

Posted in Divorce.

While the husband and wife can be affected on all levels when going through a divorce, they are not the only ones who suffer. Children arguably are the ones who are impacted the most, and their situation is one of the key issues that is addressed during the divorce process. Because every circumstance is different, divorce custody law varies depending on certain variables in each case.

If one law could apply to every case, then divorce lawyers wouldn’t be needed. Divorce custody law then is very comprehensive so that it can cover any issue that could come as it pertains to custody. But there can be some gray area when it comes to deciding custody, which is where divorce lawyers come in. For example, if a parent is unfit to take care of their children for whatever reason, then sole custody could be awarded to the other parent. But, proving this to the judge is another issue, and this is where the gray area comes in.

Divorce custody law is constructed in the best interest of the children involved. Their needs come first, so the judge will ultimately rule based on this premise.

The Children’s Needs Come First

In the last few decades, significant changes have been made to divorce custody law. At one time, it was the father who was awarded more times than not without any opportunity for negotiation. This changed however, as it was decided later on that children were better off living with their mother. Nowadays, the law has changed once again based on the framework that our society addresses issues. Equality is now more pertinent than ever, and this is reflected in divorce custody law.

The most common ruling nowadays is joint custody, where both parents are entitled to guardianship of their children. Unfortunately, this may not always be what is best for the children, but nonetheless is the norm. There is some flexibility with joint custody however in order to adapt to each individual case. Temporary custody could be ordered in some cases until the divorce is finalized.

At that time, the courts will either award a form of joint custody or sole custody based on which is best for the children. In some cases, a third party could be awarded custody. The courts take into consideration the preferences of the parents and the children. The well being of the children however always takes precedent.

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