3 Things you should know about child custody arrangement post divorce

Expert 01After the dissolution of marriage, custody of the child can be done in three ways! Read on to know some basic child custody arrangements

Divorce and custody can become arduous battles and the innocent little children get caught in legal and emotional warfare between parents. Once the couple splits up, custody of the child implies as to who the child will physically reside with. Nonetheless, both the parents continue to be natural guardians. After you and your spouse split, the child undergoes a lot of emotional distress. child custody arrangement 01

The custody of the child is governed by the personal laws of the child along with the Guardians and the Wards Act, 1890.

While deciding the custody of the children it is very important for the couple to not talk negatively about one of the parents. For a child, the love and care of both the parents are extremely crucial. Going through a divorce is not easy. Your entire life is disturbed after separation and in case if you have children, even their life is disturbed. Seeing their parents get separated is the most stressful time for them. Though the couple is splitting up while co-parenting they should be together while their child is going through these rough times.  Co-parenting after divorce means co-operation. You must not forget that your ex-spouse is also the parent of your child and your child need the love and care of both the parents. For the healthy upbringing of your child, you must keep the communication open between your child and another co-parent.

After the dissolution of marriage, custody of the child can be done in three ways:

1. Joint custody:

In case of joint custody, both the parents will have the legal custody of the child but the physical custody will be given only to one of the parent. The non-custodial parent also gets enough time to spend with the child. Joint custody is the most favorable to the interest of the child as he gets love and care from both the parents. Whether it is a mutual divorce or a contested divorce, parents should opt for joint custody as this is extremely beneficial for the upbringing of the children. Parents should also ensure that they should not talk ill about the other spouse.child custody arrangement 02

2. Sole custody:

In a situation of a sole custody, only one parent has exclusive physical and legal rights concerning the child. Such custody arrangement is very rare and is usually limited to situations where one parent has been entirely deemed unfit to take care of the child for example due to drug addiction or child abuse. In such situations, the non-custodial parent may only be allowed to visit the child under strict supervision and for regulated time.

3. Third party custody:

Under this arrangement, neither of the biological parents is given custody of the child. Instead, the child custody is granted to the third person by the court. This also happens in an extremely rare situation.child custody arrangement 03

Where divorce reasons are mostly due to abuse or desertion, parents are always at the fighting ends. This can adversely impact the upbringing of the children. Children involved in family law litigation believe that their parents care more about fighting amongst themselves than caring for them. Think twice before engaging in a child custody battle over children. For a child, it is important to have a healthy relationship with both the parents. In some cases, children are manipulated by one parent to hate the other, despite the child’s desire to love and be loved by both the parents.

While deciding on the custody of the child’s best interest of the child are kept in mind. Therefore, the parent who can take the best care of child’s emotional, educational, social and medical needs is granted the custody of the child.  The earning capacity of the parent does not determine the custody of the child but the capacity to provide the safe and secure environment.

The mother is preferred custodial parent when the child is less than five years of age. As per the Hindu Minority and Guardianship Act, 1956, the Hindu child below the age of 5 years shall be kept under the custody of the mother as till that age it is only the mother who can give proper emotional, more as well as the physical support to the child. If the child is illegitimate the custody will be with the mother only.

 You must also discuss with your lawyer, what will happen to child custody after remarriage.

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Author: Vaishali Sudan Sharma

Mom blogger, books lover, fan of new wave cinema, fond of jazz, lounge and classical music. Love to cook Indian & Italian cuisine.

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3 thoughts on “3 Things you should know about child custody arrangement post divorce”

  1. Judicial System

    So in IL our system has changed to quiet sometime from sole custody to primary custodial parent.I’m fighting for my daughter whos 13 for primary rights.I will start my long 3 year story for you.So it started off with the father having her primarily because I was homeless and jobless.Well let’s go back 6 years ago.Her father physically would hit me,mentally abuse me,drain my soul.One night this occurred he knotted my head throwing a deodorant spray can at my head.At the time I was on Xanax and sick taking Nyquil.I just got back from visiting my father in TX who was dying(he died 1 month later) .We were fighting because he wanted to have sex and I wasn’t in a mood for that at all.Wellthat wasn’t acceptable for him.So we begin the arguing.Moving forward to him throwing the can at me.I yelled I’m calling your brother for help.Hewas the ONLY one who helped me when he seen the abuse.Well he was living at his sistser’s.She told him to pack up and leave and at my home the cops were being called by her.Thefather took off from our house.Copsmet him along the side street.Theyasked me if I needed help for the huge lump on my head and I agreed and went by ambulance.Next morning I wake up in ER to be discharged with his brother by my side.I told him I need to get a OP against him.Well he beat me to the punch.So I was banned from my own home that I bought.I went to court ,no lawyer,he had one though.Now during the split I made a dumb Facebook comment I can’t wait to live miles away.” It was a meaningless comment out of hurt.Thejudge granted a 2 year OP against me.I was in shock.my heart dropped.I just lost my baby girl even though I was the victim.So his brother,now also homeless,and I stayed in hotels. Well the father contacted me shortly after and said he would take me back under certain circumstances.I agreed because I would do anything to be back with my baby girl.The abuse started again with things that I thought would NEVER happen to me.Finally I couldn’t take it anymore.I left.I asked him to take his name off my home if I buy him our which was what we did.So I got my house back and was no longer homeless.But he took EVERYTHING out of my home.Everything.Down to toilet paper.I was broken.It is now at the end of 2014 and I turned to cutting my wrist for release of all the anguish and panic attacks and just to feel no pain or panicking ,but rather something different for me.i know that doesn’t make sense to some.Well I couldn’t keep a job now.Panic and anxiety attacks were so bad,I still suffered from PTSD. I couldn’t be around people,not even for a mere hour.So I filed for SSDI.I figure this is where I lose everything.Well one day March 3rd 2015,I get a FB message from the brother.Just seeing how things are going.I told him I wasn’t with him no longer,and asked him if he would like to swing by.He did,and he never left.We got pregnant may 2015.This is where the fight for custody comes for my 1st child.The 1st year we got it to me having her every other weekend thursday-sunday.The 2nd year we got it to where it was week to week custody.Now year 3,I’m going for primary.Her father is a bad man.Heleaves drugs in access for her to get which she later admitting to taking his pot and smoking it to officers and school officials. Now all the evidence I have against him. Health neglect,physical bruising on her once,no school participation from him,his drug usage,failing a hair follicle test etc.I passed everything.Our GAL sided with him.Why because I merely with “the brother.” In the GAL report she only refers to my boyfriend as “the brother” but everyone else got a full name.Now you tell me what you would think is going on here.I now have a OP against him and go back to court in a couple weeks for a final hearing on where my daughter whos 14 should reside primarily. I KNOW my daughter should be with me primarily.I pray our judicial system doesn’t let myself and my daughter down.I Will let y’all know in a couple weeks what the verdict is.