Guardianship Of A Child

Guardianship Of A Child
Guardianship is a sacred and responsible relation between child, his property and his guardian. When a child becomes orphan, then the government assigns legal guardians as caretakers of the orphan child. Child custody after divorce is turning into a common problem all around the world. The determination of a parent for having guardianship of child in a case of divorce continues to be troublesome and the incidence has increased during the past few years within US boundaries. Unfortunately, this growing problem is admittedly hurting and a bitter experience for both parents and children. In a child’s temperament building, there is a great role of both mother and father and that is why children of single parents are extremely sensitive. Divorce is quite simple without child, but if there is any child, it becomes more complicated because of the accommodation of the child. Sometimes, one amongst the two parents gives up his/her right to the other parent which also makes it easy and understandable, however when both are willing to have their child, it create massive problem.
Children who deal with the divorce of their parents generally deal with greater problems and hence, according to US laws, intensive care is required for such children to ensure that they grow up with good temperament and that they become socially responsible people in the future. The court never makes any decision about a child’s custody just on the basis of some oral or written evidences. The court also takes great care of the emotional attachment and affection of the child towards one amongst the two parents or any other family member. Initially, these agreements between court and parents are based on temporary decisions in which court place orders for guardianship of a child on the basis of his/her interest. Sometimes, the decision may be changed by the court if deemed necessary or whatever decision was made primarily may turn into a permanent decision. The child custody decision is solely based on the age and health conditions, child’s emotional affection or willingness, primary parents, time duration that each parent has spent with child, employment and history of family, violence between the parents etc. In case the court finds that none of the parents are suitable for the proper upkeep of the child and that the child runs into a danger of becoming a social outlaw, the court may decide another guardian(s) to take care of the child while the parents will be ordered by the court to provide for all expenses of the child including insurance.
In the US, there are 51 states and each has its own set laws related to divorce concerning child custody. Some US states allow a joint custody while some believe in single custodian on the basis of their financial and emotional condition. So it is crucial to understand the child custody laws of your state before filing the case into jurisdiction. For the understanding of law and success in child custody, parents must follow certain steps.
• Read state’s children guardianship law carefully. If you find anything hard to understand then list all those points for discussion.
• Consult a legal advisor and discuss your problem and take help. Fortunately, for qualified candidates there is a free legal attorney and help is available. You can also take help from legal law schools in the understanding of your case and laws that you are unable to understand. This consultation will enable you to represent yourself in court with full confidence.
• Hire a good reputed and trustworthy lawyer for your child custody case. Getting access to guardianship of a child is about a lot more than understanding of child custody laws. The lawyer must be of good nature that brings a feeling of comfort and security. Having a good lawyer doesn’t mean that you are free from your duty, make a complete research about your case and then discuss different points with your lawyer for taking effective actions.
In child custody, both mother and father fights to get guardianship but it becomes critical because courts never make a decision on the basis of parent’s emotional attachment but in hinges its decision solely on the best interest and care of the child. The court only favors that parent which they feel best for child custody and future. Before taking a decision, the court will notice different factors like parent’s income, lifestyle, financial condition, job security or stability and the new relationship after divorce. In case, if both parents are unable for child custody then they can suggest a name for temporary custody, for example, close relatives or friends. Usually grandparents, extended family members, friends and Godparents are allowed to suggest. For children under age of 10 the place of residence is decided by parents or is decided on parents’ consent. On the other hand if the child is of 10 or over 10 years of age, he/she has the right to decide his/her place of residence on his/her own. Parents are bound to provide support to children of 21 years of age according to the child support standard act.
Common child custody arrangements of US
Every state has its own laws and legislation concerning guardianship of a child. However, these are primarily based on two major arrangements. Physical custody and legal custody! Physical custody suggest the daily living arrangements of the child whereas legal custody means the parental right of both parents in decision making with regards to the child’s health, education and other welfare programs. In the United States, sole custody and joint custody are two quite common forms of child custody.
Sole custody
As the name implies, sole custody assigns all legal rights to one amongst the two parents. In sole custody child lives with the custodial parent and the parent has rights and the power to make decisions about his/her child. Non-custodial parent has right to visit the child during specific periods and a little privilege of authority in decision making. The rights of non-custodial parent vary from state to state.
Joint custody
In joint custody, each parent has certain rights and power that are largely equally distributed among them. The physical custody in joint custody is distributed among both parents and therefore child resides with each of them for a particular period. Legal custody remains equal during this style of custody and both can take creative actions for the betterment of their child and even can confer with each other. The residential time period is usually different in several states. Some may allow a 25% of time with one parent and the remaining with the other one; while in some other states it is equally divided.
The laws for a guardianship of a child are largely similar with slight changes in different states of America and even in numerous components of the world. Today, people are rapidly turning towards joint custodial arrangements as in such type each parent, after divorce, can stay in touch with their kids.