The obligation and right to care everyday for and make important decisions for a minor child is named custody. This could be subdivided into sole custody and joint custody. The former is if only one parent takes care of the child while the latter is if both parents share with crucial decision-making and dedicate considerable amounts of time independently with the child. This is an unavoidable area of the divorce cases of partners with one or more children, especially minors.
Once taken to court, child custody is awarded to the parent/s depending on the welfare of the child. Many different facets are viewed when identifying the child’s best interest, such as wellbeing and sex of the child, the primary caregiver prior to a breakup, readiness to look after the child, parenting ability, psychological ties between child and parent, openness in facilitating visitation rights by the other parent, and each of the parents’ physical, mental, financial and moral fitness.
Mothers and fathers have equal rights to custody in the laws of virtually all states. There are selected countries, though, which have family laws that grant automatic custody of children seven years old and below to the mother.
Notwithstanding this supposed impartiality, a number of family court judges have biases as by-products of their foundation and emotional feelings. Some could have a deep rooted belief that women can watch over children much better than men who, in their mind, have limited familiarity in nurturing. Others can have an innate belief that males are instinctively better at nurturing boys.
Theoretically, family court judges should be neutral and fair, and a majority of them are, nevertheless they are also still human beings and these tendencies still seep in their decision making process.
Another benefit of mediation is that both parents does not bear the burden of showing to the court that it is better for the child to be in his or her custody. The mediator himself or herself cannot force a resolution in any event.
Looking at the maturity, age and quality of reason , a child’s inclination can also be a pertinent facet in deciding on custody.
