For the sake of beholding and living the beautiful, people tend to marry their lovers. So that they could rivet this life with another soul altogether. But things does not go well as we planned. Sometimes there are disputes between these two souls which can be tolerated further ahead in life. So, they decide to leave this relation for the sake of their own good and other one. They divorce each other. This may free both of these souls. But there might be third, or forth or may be fifth soul which are still linked.
Divorce can not disconnect them. Since they are offspring to begin with. This create tension between the ex-husband and ex-wife. In these kind of cases, it may be decided how much time one will parent will have to have child. Addendum to that, it will also be decided that which parent will be the primary care taker. In few cases even unmarried parents, and relatives may even ask for the custody of child. Since in normal cases they both will want to take care of their kids at their own residence and decide themselves the future of kids interruption coming from the other parent. Court always decides for the best interest of the Kid.
First of all we all should know the basics about the custody. The legal meaning of the word “Custody” is right to make decision for the care and welfare of child specially in terms of education, health care, and religious training, The parents who have the custody of child or children are termed as “Custodial Parent” and in most cases he or she is the who rears the child most of the time. But the law is not flexible for giving custody to one over than the other one, nor there decisions biased over the fact that gender do matter. No, they don’t matter here in the eyes of the law. Then about those who do not have any kind of custody over their children, court allows them accessible time to meet their kids and spent time with them. The legal term for that is “Parenting Time”. Addendum to that parents who happen to have no role in custody are termed as “non-custodial parents”.
These two issues—Parenting time and custody arises— whenever husband and wife ask the court to untie the knot of wedding (legal Separation). This does not mean this issue can not rise sans these circumstances. Custody issue can even rise when the parents are not even married or they don’t live together anymore. Even after the husband and wife has gotten divorce, the issue does go away easily. There is always the one parent who has issues with rearing of child by the other parent. They simply think, they are the best in the interest child’s better future. The issue also elongates further to the time period about how much time child will stay with non-custodial parent.
This custodial and non-custodial can be made as per parents themselves but if they are having disputes or they just agree with each other, then court orders that which parent will be holder major share of time with his or her child and who will be non-custodial parent. This can be further discussed by the parents themselves, but the decision made by the court is full and final in case they disagree during the discussion. There are two types of custodies; sole custody and joint custody. Sole Custody gives only one parent the power of making major decisions related to the child. Whilst on the other hand, joint custody is about making major decisions together but to get this thing in the work, both parents are asked about how they will manage this. They demand a plan for that. This is also termed as “ Joint Legal custody”.
But that does not necessarily means both parents will have equal share having the kid with themselves. However, there are more two types of sole custodies; Sole legal custody and Sole physical custody. Previous one is al about the major decisions regarding to the child as we have mentioned already, the latter one is about keeping the child with themselves. As per court decision usually one parent the sole legal custody whilst sole physical custody is shared by both of them. And sometimes it also happens when one parents has the sole physical custody whilst both of these parents relish the sol legal custody together. Rarely court decides to give all the sole legal custody or sole physical custody to one parent unless the other parent is to totally unfit for the option. Like parent having history of violence, or he or she is alcohol or drug addict or they neglect the child are considered unfit for the custody. These situation may also lead to the “termination of parental rights”.
This means parent is no more legal parent of the child anymore. Parent—with terminated parent rights—have no relationship with his or her own child let alone the rearing of the child. Parent do not get any non-custodial time for meeting with his or her child apart from that even his or her money is not asked for child support. Their name is immediately removed from the birth certificate and they are no more asked for any views in case if the child is going to be adopted. This sentence is also termed as “civil death penalty”. Court does not go for this unless there is solid reason for it. Apart from being drug or alcoholic addiction and violence, Token care, sexual assault on child, or there are serious possibilities of child getting physically mentally and emotional tortured by the parents , and have even everlasting fights between the parent may get the court to make this kind of decision. As already mentioned lots of the states often look after the best interest of child.
Firs of all, for getting the full custody by any parent requires a pathway to follow. Full custody is often referred to the wants of parents from the custody. Filing for it is first process of sole custody. It will even be more better if the other parent agrees to it. This not save time, money, but stressful and angry moments too as the full blown trials are pretty much hectic and may cause anxiety. Filing for the custody even if u are not married is as similar as you and your partner are just divorced. There is no main difference. The requirements for both of these aforesaid and latter case are same. Usually courts go for the joint custody. Ordinarily this is bad idea as both of these parents does not go along and this effects the child mentally and socially. So to gain the sole custody remains the only option. This is what want-to-be custodial has to prove in the court that he or she is the only best interest of the child rather than going for joint custody as the consequences for the child are disturbing. But sole custody will placate the life of the child. If this is not proved in court. Court usually goes for the joint custody. There are few scenario that produce better chance of winning the sole custody.
• The other parent is financially weak and could not bear even his or her own expenses.
• The other parent has been failed watch the child properly let alone the part of raising the child.
• The child has been left alone, neglected, and abused by the other parent.
• You—as the parent—as has more flexible hours as compared to the other parent, so you are more likely to take care more than him or her.
• The other parents is sheer threat to the child’s wellbeing.
• The other parent is not selected by the child (here child should be old enough for this scenario to work).
• You—as the parent—are better equipped to quench the special needs of the child as compared to the other parent.
• The child rivets better bond with you and is having a thriving care from you, as a parent.
• The other parent has the lesser involvement in the child’s life but you were the primary caretaker from the beginning.
• You—as the parent—ensures the better future of child in perspective of education as compared to the other one.
• The other parent could not provide stable home environment such as food, home, and clothing.
• The parent has some serious mental or health issues. Addendum to that he or she is also alcoholic or drug addict. These things interrupt in rearing the child as they should be.
If any of these above are present in any ones case, the likelihood of getting the sole custody increases but again it totally depends on the judgment of judge or jury sitting one the chairs of the court. At first mothers used to get favors from the court as in child custody in many states. But now court are not gender biased. They seek the person or persons in which child could have better life and rivet full of it. And then they simply go for it. But this is how they get the custody from the other parents. In the case of mothers, this is how a father has to sign over his child in her custody as the court orders are absolute.
Divorce and these proceedings of the custodycan be very stressful, and they might some times steel the nerves of one’s fear that one may go for extreme approaches. There are some cause where these kind of situations had birthed. It is termed as “Malicious Parent Syndrome”. It is crucial here to note that this syndrome has not yet recognized as a mental syndrome as it triggers extreme behaviors so proponents are still working on research. Notwithstanding when this syndrome comes out of any parent, other parent not only tries to get the culprit his or her punishment but sometimes he or she also goes for the sole custody of the child. Malicious Parent syndrome is characterized by the four aspects as give below. Someone tangled with malicious syndrome:
• Tries to alienate the other parents by the snatching the child from him or her. This may be done by involving other people or even court.
• May involve lying to child and even violate the laws.
• Is not any kind of mental patient so these above mentioned actions could be justified by these.
There are some case in which actions done during the suffering from malicious parent syndrome may be seen as criminal acts in the eyes of law. Such as beating of the other parent, depriving the child form the basic necessities as food, water, shelter, and clothes are consider as criminal acts. Latter one is clearly child abuse, and for that there are strict laws.
In case of when the parents are not married yet—which means there is not father name in child’s certificate. The law clearly states that the child will stay with the mother unless the father goes for the legal paternity. For paternity, father has to file the affidavit of him telling the court that he is the father of the child and this affidavit also requires the signature from the mother. In case of refusal, father can also demand the DNA test for the sake assurance ordered by the court. Before court decides it is usually child gets to stay with the parent who has been looking after the child more than the other parent before any paternity time is decided by the court. After the decision of the court, the parents have to follow the order as they decide the best for the child’s interest.
Free Consultation with Child Custody Lawyer
If you have a question about child custody question or if you need help with custody, please call Ascent Law at (801) 676-5506. We will help you.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506