Lesson 2: Children and Divorce
If a married couple are divorcing in a peaceful, friendly manner, they can often work out an arrangement on their own, perhaps with the help of family mediation. If they cannot agree, however, at least one of them will have to apply for a custody order.
Are you perhaps a child of a marriage that ended in divorce or separation? If so, you probably have a very deep understanding of just how seriously marriage breakdown can affect the children involved. Often the most intense arguing that goes on during divorce proceedings concerns the children, though the courts do their best to see that throughout the dispute the best interests of the children are always put first.
Custody
Custody is the legal right to care for and control a child. When a married couple with children get divorced, the question always emerges as to who will get custody of the children.
Sometimes both parents are awarded custody. This situation, known as joint custody, means that both parents share equally in caring for, and making important decisions for, the children. The advantage of joint custody is, of course, that the children maintain close contact with both parents.
However, there are disadvantages to a joint custody arrangement and for this reason it is not granted as often as sole custody. When one parent is awarded sole custody of a child or the children, the other parent is normally awarded access - the right to visit the children and inquire about important matters concerning their lives. (The parent awarded custody is known as the custodial parent while the parent denied custody is the non-custodial parent.)
When making decisions as to custody and access, the courts have to be extremely careful; after all, their decisions will have a profound impact on the lives of the people involved. Judges take many factors into consideration, but above everything else they will try to base their decisions on the best interests of the child or children involved. In other words, the wishes of the parents are secondary to the perceived needs of the children.