Under What Conditions May The Father Be Assigned Child Custody In Divorce Proceedings? Article

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Under What Conditions May the Father be Assigned Child Custody in Divorce Proceedings?

A divorce can be a difficult time even for the strongest of men and women. After all, it is the breaking up of a lifetime’s commitment and dreams of being with a partner who truly knows and understands you.

Author: James Walsh

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It is the end of all that one had imagined while getting married in the first place.

No one can envisage that his or her married life is, one day, going to end up in a divorce. In fact that is the furthest thing from the minds of the individuals who are getting married. So when the marriage does actually break down, it can be a shattering experience for the persons concerned.

Children

Not only does the divorce impact the couple itself, even those surrounding them, all their family members, friends and other well wishers are also effected to some degree or the other by the oncoming separation. This truth is even more profound in marriages where children are involved.

A divorce amongst the parents can levy a heavy price from the children. Depending upon their age and other factors such as the attitude of the parents, any changes in the parental behaviour, how the couple deals with each other in the presence of the children etc, the children may react in varying manners.

Effects on Children

A toddler might not be able to comprehend whatever is taking place but anxiety may still grip him or her. Thus such small children may start to change their sleeping patterns and increase the incidence of bed wetting. They may develop stomach problems also.

Children of the school going variety may or may not understand whatever is taking place yet they too might have strong reactions.
These children may somehow blame themselves for parental separation and turn reclusive. Otherwise they may start showing signs of increased behavioural problems. In some instances the children might actually improve their behaviour thinking that this may somehow save the family.

In the case of adolescents any change in the behaviour of the children has to be taken care of to an even greater degree. The adolescents are at a very impressionable stage and if the children do not get an appropriate role model in life then they may fall wayward. Their studies can be effected and they too may become either reclusive or over aggressive in their behaviour. Thus it is that the courts take all factors possible into account before deciding on the child custody.

Child Custody

Generally the parents have a clear understanding of child custody and they have thought out the children’s future in clear terms, if they are taking a divorce from each other. However this may not always be the case. In some situations the parents may not be able to come to an agreement on the custody of their children. Then the courts have no option but to step in and decide on the issue.

In the majority of cases the custody of the children is granted to the mother. This is especially true in the case of toddlers and pre school children. However if the children are of an older age, then the tilt of the child towards the father is also taken into due consideration. Thus it may be that in given cases the father may be granted child custody.

Possible Scenarios for Father getting Child Custody

There can be numerous scenarios where the courts may grant the custody of the children to the father.

Working Mother: It might be that in a given case the mother is the breadwinner for the family while the father has been taking care of the household and the children. In this scenario the courts are likely to grant child custody to the father.

Abandonment: If the mother has abandoned her family, including the children then it is natural for the courts to decide that she is not fit for the custody of the children. Thus it becomes a strong point in favour of the father being granted the custodial rights.

Child Abuse: If it is proven in the court of law that the mother has been in some way abusive to the children then also the custody is granted to the father.

Addiction: If it is proven in the court of law that the mother is either a drug addict or an alcoholic then too the courts favour the father as the custodian of the children.

Similarly even in case of insanity or emotional instability or criminal tendencies being proven, the courts normally decide to grant the custody of children to the father. Thus it is that even though the custody generally lies with the mother, the fathers can easily contest the same.

About Author

James Walsh is a freelance writer and copy editor. If you would like more information on how to get a quickie Divorce see http://www.quickie-divorce.com

Article Source: http://www.1888articles.com/author-james-walsh-2417.html

Under What Conditions May the Father be Assigned Child Custody in Divorce Proceedings?