Who Will Gain Child Custody?
In cases of marriage dissolution and other proceedings of the court related to the family law, the issue of the custody of children is very sensitive and bears a high emotional quotient. Unfortunately, the couples who have decided to part ways are not able to reconcile their differences even if child’s life is duly factored in. In these situations, both would like to have the child. But, the opinion of the court and the law in this regard is of primary importance rather than the emotionality of parting couples.
So, what are the basic guiding principles of the child custody law? Many would believe that it is the child’s best interest which shall be the foremost concern. However, that is not the case. The first important thing to consider is that whether the parent is able to act in the best interest of the child. Thereafter, what is the child’s best interest is considered. Also, the courts have upheld that the fundamental right of the parents to keep the custody of the child but its definition has been broadened to include the long term relationship between the child and the non-blood person as well. So, what does that mean actually?
The non-blood person shall come forward while the court proceedings are going on to decide the child custody. At first, he or she would be required to prove that there is a long-term relationship between the child and himself or herself. Secondly, he/she shall prove wrong the presumption that the parents can act in the best interest of the child. And, finally, a judgment is done on the basis of what is in best interest of the child.
As the family law in US has evolved over the years, the term ‘custody’ has been replaced with ‘time schedule’. So, now the focus of the courts is on determining how the child’s time can be divided with each parent. This is essentially based on the child age and the linked physiological and psychological development. This has provided some relief to this otherwise sensitive issue. Child custody lawyers can easily recall cases where violence has taken place and court orders have not been obeyed over the question of residence of child and establishing the contact with the other parent.
The court’s consideration of the best interest of the child is the prime guiding principle even though the parent’s ability to act in his best interest is given precedence in assessing the same.
