The Ultimate Guide to Win Custody Battles for Your Kids
Custody of Children After Divorce
The process of Divorce is indeed painful. And if the misery of a prolonged battle for custody and
monetary settlements are added to it then it is almost excruciating. Children from such a marriage
are usually seen to be laboring under considerable emotional stress already and a custody battle
is agonizing for them as well.
In some cases though, it is imperative to discuss the question of child custody before the couple
legally separate. The question of custody being an almost predominant issue in divorce suits you
would be wise to update yourself about the nitty-gritty’s of the issue so that you can make a wellinformed decision.
Let us start from the basics. ‘Child custody’ is also referred to as ‘guardianship’, both of which are
part legal terminology. The terms convey the sense of a lawful and realistic bond between
parents and their children whereby the parents are required to look after the children and can
decide on important questions on the children’s behalf.
The United Nations Convention on the Rights of the Child having been approved in many
different countries all over the world, more emphasis is now placed on the concepts of ‘contact’
and of ‘residence’, which constitutes the concept of ‘visitation’ in the United Sates of America.
This is a divergence from a former tradition of dwelling on the concepts of ‘access’ and ‘custody’.
In legal jargon and otherwise, a child may ‘reside’ or be in ‘contact’ with one of its parents rather
than a parent having its ‘custody’ or ‘access’ to it. Such newly developed international
categorizations all fall under the focus of ‘parental responsibility’.
In a divorce case where the couple fights over rights to custody, such terms as the
abovementioned are used liberally. But which parent is to granted custody of the child finally is
decided upon only after consulting a parameter which considers the child’s well-being and best
interest.
It is usually the lawyers who help the couple to determine the custody rights amongst themselves.
If the couple is unable to conclude this discussion satisfactorily and no agreement is reached then
the case is presented before a court of law which makes the decision on their behalf. Child
custody and visitation rights are decided upon by the following methods:
• Settlement between the parents themselves: In this case an unofficial meeting is held
between the couple, and their respective lawyers are allowed to guide them properly. If a
conclusion is reached then an out-of-court settlement is called for. This in turn calls for an
intercession of sorts or the use of laws related to collaboration.
• Verdict announced by the court: If the separation is especially unsavory, then the
couple is usually unable to reach a conclusion about custody on their own. Even then an
acrimonious divorce often involves violent disagreements about child custody and
visitation. In such situations the court is the ideal body which can make the final decision
for the benefit of the child.
In court battles exclusive custody rights is generally awarded to the mother of the child.
This is quite strictly adhered to when child in question is very young or a minor. In custody battles
involving unmarried couples also guardianship is awarded to the mother. If the father of the child
wants to contest this he can appeal the decision but the ruling is often not in his favor, especially
if the woman can prove that she has good parenting capabilities.
Upon certain occasions, people who are not the child’s actual parents may wish to obtain
guardianship. Such people are generally related to the child or have been intimate friends with
the family. Although the court is unusually strict in dealing with such procedures and weighs the
situation with care, if the parents’ incapacity as good guardians is proved then guardianship may
be given to the other claimants of guardianship.
Child Custody Cases
The question of Child Custody arises when parents decide to put an end to their relationship with
each other through divorce or annulment. Child custody refers to the legal and practical right over
the child. Most countries follow the legalities put forward by the United Nations Convention on the
Rights of a Child.
The most appropriate analogy that can be drawn in this case is Robert Benton’s 1979 film Kramer
vs. Kramer, based on the book by the same name by Avery Corman. In this film, Joanna Kramer
(Meryl Streep), frustrated with her role of a housewife taking care of her son Justin Henry,
abandons her husband Ted (Dustin Hoffman) in order to explore her “self”.
Hence, Ted is forced to raise his son by himself. Although initially his workaholic attitude was one
of the driving forces behind his wife’s flee, he eventually involves himself in childcare so deeply,
that he even loses his job out of negligence!
Once Joanna comes back from New York after two years, she launches into a legal battle over
Justin Henry’s custody. However, in the end, Joanna realizes that Justin’s ideal life is with his
father, and she relents.
While trying to win child custody parents make various claims regarding themselves and
allegations against their spouses/partners. False accusations of child sexual abuse, financial and
educational incompetency made by parents against each other are common.
In 1994, the judge ruled against a woman named Jennifer Ireland in the battle for her child’s
custody, sighting her action of placing her four year-old daughter in day care because of her work
as one of the deciding factors. Julie Kunce Field, an attorney from Michigan, fought her case,
attracting to it national attention in 1994. In 1995, the ruling changed in the favor of Jennifer when
judgment based on a working parent’s child care methods was dropped.
Troubled pop star Britney Spears finally lost her long drawn child custody battle to her ex
husband Kevin Federline who won custody of their two children, while she received visitation
rights. Spears has been accused of alcohol abuse, negligence while driving with children and
reckless behavior in public.
The most important thought to be kept in mind by parents, attorneys, psychologists analyzing the
case, and the jury is the child’s interest. Although sole custody is a viable possibility, in most
cases the legal system grants joint custody of the child.
