Divorce Custody Rights
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In many divorce cases, the parents along with contributions from mediators, counselors and lawyers, decide the custody rights in an out of court agreement. However, if the parents fail to reach on to a mutual agreement, the court decides the custody rights. In doing so, the court intends the best interests of the child. In case the child is of adequate age, the court takes the opinion of the child in this regard. Divorce custody rights should not be given in the hands of the judge, it is better to settle the case outside the court with the help of mediation and deposition. In this way both can meet the child and shower their love on them, but if the decision is taken by the judge, the decision would be in favor of one of the partners. The decision is final and each partners has to strictly abide by it.
Divorce Custody Rights to a non parent
In some cases, individuals other than the parents desire the rights of child custody. Such individuals may be close family friends, grandparents or other relatives. In some states, this situation is termed as "third party" or "non parental" custody. Some states do not define the intentions of these people as acquiring custody rights, but simply procuring "guardianship" of the child.
Custody rights are generally not given to a non parent, but it also depends upon the law regarding divorce custody rights prevailing in the country. The decision is generally taken in the best interest of the children.
Sole Divorce Custody Rights
Joint Divorce Custody Rights
Some Case Studies
A divorced couple had made a non court agreement that they would switch their daughter every 4 days. Later the wife found that her ex did not have time for the daughter. He would attend work and leave the daughter with his new wife and son. So, the wife desired full custody. Is there any chance?
If the husband is not spending adequate time with the daughter, it is more sensible that the daughter spends more time with the mother. The custody plan can be altered to 6 days with the mother and 1 day with the father. However, the mother should realize that the daughter should understand that the step brother is her sibling. The daughter and the step brother should spend time together so that they get to know each other.
A mother has sole legal custody and sole physical custody of her two children. Is it possible for the ex husband's new wife access the health and educational records of the children?
As the mother has sole legal custody, she is the singular person who can access the children records. She may permit her ex to access these records. However, the ex does not have a right to sanction his new wife to do the same.
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