Divorce dictates lots of things, but giving the child all the desired things and necessities might get ignored. Some times even his immature thoughts can be so emotional that it could melt one’s heart but the court and politics of getting the child for themselves, parents get to ignore the fact that how it is effecting the child. Then again parents go for, fight for it, and then what ? Nourish the child as long as they have the custody so that child could relish the life he or she deserved.
The custodial and non-custodial time can be determined by the parents deciding 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 becoming the 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 are disagreeing during the discussions. 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 custody.
Sole legal custody and Sole physical custody
Previous one is all 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 owns 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.
Now these are the words of the father after losing the his custody for the child. “As a single father, I want to get full custody of my kids, but it just seems like there is no hope left for me.” Is it hard for father to lose the custody of his child as losing custody of child makes the right of the father more contingent that ever they were. The experience of losing the child for the father or even mother is heart-wrenching and one would not ever tell how they are feeling. The feelings eat you from inside out. It may washout this whole anger, sadness, disgust, discord, disarray, and tears out of parents skin. Losing child can be painful—which later plays its role as mental torturer. As it is pretty much difficult to comprehend how court thinks I—myself as a parent—is not capable of rearing my won child. These thoughts comes to them incessantly and kills them every day. Their physical as well as mental health degenerates.
Some times they even isolate themselves. After losing the custody the other spouse has literally no right to take decisions regarding to nourishment of the child or where he or she should go to school or what kind of religious he or she can practice. In case of residential custody, the child gets to live with the parent wining the custody of the child. In these kind of criterion, the losing parent has given the time of visiting hours only. More than that, he or she can not meet with the his or her child. Apart from that, losing parent also pays for the child support.
After losing the contract, there is always the two kind of contact methods that a any parent allow, that is either providing limited contact with the child or none at all; withholding contact. Usually mothers do that just after breaking up with their husbands. There can be reasonable and unreasonable explanation for it. In the reasonable scenario it is already proven that father is not compatible with the child or he is just dangerous for his or her rearing. But here we will be totally concentrating on the unreasonable causes in which mother seeks to deteriorates the child-father relation. Since they are totally personally based decision so they are simply acceptable. As mentioned before this course is usually taken by the mothers when she breaks up or divorces his boyfriend or husband respectively.
After these departure of two souls away from single bond—relation—they start living in different places. There might be many reasons for the mother to go for unreasonable approach. Some common reasons are given below for this kind of mother’s behavior.
• Mother was really angry about the infidelity of his partner or simply about the break up.
• Mother is still immature.
• Mother is being controlled by her mother or sometimes by her parents. As per their se, his Ex is not capable of rearing the child.
• There is time, mother is simply too unkind and stubborn to share her child.
• No child focused reasons.
Law bodies are trying their best to make laws to protect fathers from these kind of scenarios, if they are triggered by any mother. A father deserves to curb his relation with his child. And child deserves the shadow of nourishment from his father too. Addendum to that if mother is doing that father can show the court about this behavior of her. This elongates the fact that mother is totally focused on child’s best interest rather she is just worshipping her own ego. Since the law requires all the family courts to take such decisions which are the best interest for the child future nourishment. Here father can ask for custodial retention form the mother. He just has to prove that mother is not totally focused and is not the best shot for the child’s best future.
Alienating the child from the father is pretty much disruptive for the father-child relation. Alienating father is like making him the stoolpigeon. This parental alienation is not gender biased—it just simply has one goal to ruin the parent-child relation of the relation with parent by the other parent. This may lead to even that point that even may child do not long for the other parent. What has father to do if this kind of situation arises? First of sitting on the alley or the sofa keep hand on the forehead—facepalming will not help at all. This will not bring the child back. Even the minimal struggle would not do any good. This is serious issue enough that father can lose the child. He may not see his child anymore again since the mother is doing her best to alienate the father from the child and degenerate this whole relation. Parents may go for therapy so that they could keep away these all negative thoughts against each other for the sake of themselves and their child. As the things some times does not go well.
There must immediate intervention by the court. Of coarse father should immediately contact and enforce the court about this raised issue. This may lead to modification proceedings or even a family law contempt action if mother has violated any court order. Sometimes even court appoints the child evaluator or minor counselor for the child, and they take out the fact the child is being alienated from father by the mother. But Father can not be totally dependent on these kind of cautions. He as take his steps inside the court for his right about his daughter or son. Family courts settle on child authority choices on both a brief premise and toward the finish of the case by a judgment. The judgment isn’t generally last on the grounds that the best possible conditions legitimize an adjustment. For transitory requests, fathers record a solicitation for request and get a consultation date. A solicitation for request triggers a court date set by the court agent and an intercession date that goes before the court date. We won’t broadly expound in this article about the intervention procedure and the real solicitation for hearing.
You should call Ascent Law for your free consultation so we can guide you on Utah child custody laws to become familiar with them. Because the Family Court did not grant full care in a judgment does not stops the father from looking for an adjustment. The court has the ability to grant full guardianship to any parent after the judgment. For a total alteration of care, that weight of confirmation is regularly a noteworthy difference in conditions. That implies the father must show there has been a huge difference in conditions. If he proves that there is something wrong in previous custody or the mother is not that capable enough or you are better than her choice now for the child’s best interest. That change legitimizes the transfiguration since the last court request.
Some times mother shower the frustration on the other parent when he is spending time on the child. In these kind of scenario mother consistently tries to interfere in father’s time period with the child or she unreasonably curtails the time period so the father has minimum possible time with his child. These kind of acts can take away the custody of the child from the mother. As this whole fiasco of frustrating time of the father shows the sheer insult of father spending his quality time with his own child. Addendum to that this act further shows the how much mother is trying to get away from co-parenting the child together. This frustration of time could get to the even worse conditions such as alienating the child from the father—which is totally against the court order unless court orders that step to take.
John Doe is the guy who ended up losing his daughter from first wife and son from the second wife as his wives succeeded in getting the custody. Her first wife moved away from him 1,300 miles to be exact. Same thing was being done by the second wife, but he fought her in the court and succeeded to dwell with his son with in one same city. He also worked as a cleaner to meet his child in un-scheduled time. He did everything to have those moments with his child. He lost his daughter. He knew the pain he would face if the son goes away too. This is what happen to dads when they lose their custody of their child.
Child Custody Lawyer in Utah Free Consultation
When you need legal help with child custody and family law in Utah, please call Ascent Law LLC (801) 676-5506 for your free consultation. We can help you with child custody, divorce, modification of child custody and more. We will help you.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506