The Custody Battleground

In the event of a divorce or break up who has more right to the children in a court pf law? This article takes a look into why the courts most often favor mothers when giving custody and also explaining the terms of sole custody, primary, secondary and joint custody.

Divorce is never a good thing when children are concerned and more times then not it always has a negative impact on children, unless of course the relationship was abusive and then it is best to get out before it gets too out of hand affecting the children emotionally, mentally and psychologically.

Right from the very beginning, which is birth, mothers have the parental responsibility of their child. If the parents of the child/ children were married at the time of the birth both the mother and father have the parental responsibility of the child, although, even these days women still tend to win the battle of custody in court and the courts still tend to favor the mother when granting custody. If they were not married at the time of the birth the mother has more right and even if the mother dies it does not necessarily mean the father can have custody.

Logically the court looks at a number of things when considering granting custody of the child/children to the parents, and the father does have as much right to primary custody as the mother, unless of course the child is quite young and in this sense the child is most often given to the mother. The court will look at who gives the child/children the most care, who spends the most time with them, who does the important things for the child/children such as take them to school and to the doctors and also who is the most likely not to hinder things such as communication and visitation between the parent and child.

The reason judges more often then not award custody to the mother is because of two reasons. The first reason that judges allow the mother to have custody is because of biology, motherhood has a more solid foundation in biology with the basis that all living mammals and mothers go back one hundred millions years ago when the dinosaurs existed. The father was more a head role while the mother was the primary caregiver. The father played the role as head but could be discarded when the mother got tired of him. When it concerns fathers these days they are more looked at like a social invitation by feminists.

It is said mothers are more nurturing and right from day one they naturally have a greater bond with their children as it was the mother who carried the child and instantly had a connection. It is the mother's choice that she should keep the baby and the father really has no say in the matter as it is the womans body. The father is more considered to be the disciplinary parent and with that in mind, mothers have always been known as the better caregivers. Mothers are better at providing for their children's needs which goes beyond just being fed and cleaned but children also need to be loved and should be shown they are loved. Mothers spend more time with children than most fathers. All of this is looked at when concerning children in a custody battle.

The second reason why judges usually award the mother custody is that both mother and child are dependent. This can have many meanings from the children being dependent upon its mother as it is in the wild to the fact mothers needed husbands for the head role so both mother and child could be supported. However; now a days mothers are just as capable of earning an income as the husband and with added child support/ maintenance payments, income is not even really looked upon these days.

Terms

Sole,  Primary, Secondary and Joint custody

Sole custody means the that only one parent has physical and legal custody of the child and the other parent has visitation rights.

Primary custody obviously means that the parent has been awarded custody of the child, however; secondary does not mean the other parent has no rights. Secondary gives reasonable access to the child. The father does have the right to pick the children up at school if awarded secondary, he also has right to all medical and school documents and if the mother receives them, so should the father. If the mother needs a babysitter for more then a set time the father should have the first right and the mother should call the father to see if he wants the children before hiring a babysitter. The father can then take the children without affecting any of his time with the children from the court agreement.

Joint custody could also apply to secondary where the mother can't just make decisions about the child without the father conceding to it. In other words the mother can't just sign the child up for some operation or some boarding school without the father agreeing to it. Neither of the two parents can take the children out of the country without the other conceding to it.

After a decision has been made both the mother and father have rights and are given general rules about their rights

Ref: Direct gov.uk

Ref: Dr. Gerda Lerner has shown in her book The Creation of Patriarchy

Ref:http://www.ehow.com/about_5304389_fathers-rights-his-child.html

Images By Wikapedia Commons

About Author

Tanya Kime-Wallace is a writer and freelance writer as well as the owner of a small gardening business. She developed a love for writing at a very young age and is extremely passionate about the written word. She is capable of writing virtually anything she sets her mind to and is an upcoming horror novelist. She has extensive knowledge about horticulture and gardening teaching workshops relating to this subject and enjoys being able to share it with others. She has many interests and when she feels something is interesting or important enough to share, she will write about it. She is also a mother of two beautiful children and cherishes every second of it.

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Copyright © 2010Tanya Kime-Wallace

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