The most important and complex issue in a divorce case is 'Child Custody'. Both husband and wife, use child custody as a medium to establish the guilt and fault of the other party. In India, Guardian and Wards Act, 1890 is empowered to determine the issue of child custody.
A child is an inseparable part of the heart that brings in a new kind of shine into the lives of the parents. When a marriage fails due to uninvited circumstances the child also becomes a part of the painful journey of departing and goes through a mental trauma as well. A child needs both her parents.
Legal Custody – When a parent has legal custody of their children, it means they are responsible for making decisions about the important things in their lives, such as what educational instruction they receive, their religious preferences, any important medical decisions, and where they go to school. When a couple is together, they usually jointly make these decisions, but upon separation either one or both parents can continue making these decisions.
When your marriage ends, and you had children, you should remember that the lives of the children have to go on. To give them the lives they deserve you need to pay child support to the custodial parent. If you are going through a divorce here are a few things you should know about child support:
If you are in the middle of a child custody battle, you may be dealing with a custody evaluation as part of the court's procedure. Evaluation meetings can be a challenge, especially when you don't know what to do – which is something that may further complicate your case.
The widespread ratification of the United Nations Convention on the Rights of the Child stands as a testament to the values expressed within it, and the work of innumerable contributors from around the globe. Several controversial issues addressed during the drafting process included the definition of a child, the determination of fundamental freedoms, protecting the best interests of children who are being adopted, and the minimum age that children can be participants in armed conflict. Subject to the resources they have available, all state parties must allocate public funds to ensure that laws, policies and programs within the state are consistent with the rights recognised in the Convention.
Not every marriage ends up well. Some marriages break up in the course of time. In such situation, if they are childless then the divorce is mutual.
While going through a divorce which involves children, the parents are faced with certain complex issues. Such difficult situations can have a huge impact on the children if not dealt with properly. When the custody of the child is given to one of the parents, several factors are considered especially if the parents are not married, are getting divorced or do not live together anymore.
If you do not know what child support is and how it works, let us explain it to you. Once a couple gets a divorce, the child, or children, has to be supported in a manner that all his/her educational, health and other basic necessities are financially taken care of by either or both parents. To make sure the child's basic necessities are not compromised, child support laws and government organizations keep a check on the parents and the child. However, as with most laws, these are also not 100% perfect. These laws vary from state to state.
An experienced custody lawyer can help you in the best way to get the custody of your child with maximum benefits to you. Working out on the parenting plan for settling the custody of the child is very important if you and your partner are going through a divorce procedure. The custody lawyer can petition on behalf of you for your custody if you and your partner cannot reach an agreement regarding the custody of the child.