A word of warning (actually more than a few words): Some of the fiercest court battles that lawyers have experienced are over children. We can understand why. Children are, after all, the main reasons why parents try harder to work out their differences. Custody battles can be very traumatic experience for the children and the psychological effects on the child/children are likely to be long term. Parents can get so self-absorbed in these fights they forget that it is their children's welfare they should only be concerned with. Then we also have the totally opposite. Father and mother were screaming at each other: "You take him" "No, you take him" in their lawyer's office till the lawyer shouted at them to shut up. And all this time, their only child was sitting between them and probably wondering what is so terribly wrong with him as none of his parents want him. Family lawyers often resort to scolding their clients when they allow their anger to take over all sense of consideration.
Q. What is custody?
Custody generally means the daily care and control. The child stays with the parent having custody over them.
Q. Is custody applicable only to children under 21 years old?
No. If the children have a physical or mental very ill, e.g. a handicapped or mentally challenged child, the Court will still decide on his/her custody even if he/she is above 21 years old.
Q. Is it true that the mother always get custody of the children?
No. The following person/persons can apply for custody:
- either parents
- any relative of the child;
- any children welfare organisation/association, or
- any other suitable person.
The Court will grant custody to the person/organisation whom it finds most appropriate. Q. How will the Court decide on the custody of my children?
The first consideration is always the welfare of your children. The Court will look at all the facts of the case and decide based on what is the least disruptive and damaging to the children.
Q: What factors influence the Court when considering the welfare of the child?
- The age and sex of child;
- The child's wishes if old enough for an independent opinion;
- Education and religion of the child;
- Racial and cultural background;
- Customs;
- Medical history;
- Parents' conduct; and
- Parents' wishes.
Q: I know my husband is having an extramarital affair. Does this affect the judge's decision on custody?It can, depending on the facts of the case, especially if the relationship represents a threat, has harmful sexual overtones or puts the child in embarrassing situations. If the parents are already separated and your husband is living with his new partner, the judge will evaluate the relationship between the child and the partner and any evidence of potential harm before deciding either way.
Q: What is the difference between a custodial and a non-custodial parent?
The child gets to stay with the custodial parent and does not reside with the non-custodial parent. The non-custodial parent only gets to spend time with the child during periods of child visitation.
Aug 08, 2008 - 08:35 AM
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