Divorce has never been a pleasant experience, and sometimes children can be the worst hit. Growing up without both parents is something no one wishes for, but they happen. When couples discover that they are no longer compatible, divorce is usually the next stage. In that case, who gets the child? Whose interest should be considered more?
No matter how child custody is determined, one thing is evident: custody was indivisible.
It means that only one parent gets to properly raise the child after a break up while the other parent is entitled only to visiting rights.
However, the new approach is aimed at avoiding treating one parent are a mere visitor, which can reduce the trauma of marital dissolution for children. Based on a study, child custody norms are gradually transiting in the 21st century, with the aim of both parents sharing custody.
The Implication Of Choosing The Best Interest Of The Child
It is often challenging to dispute the general proposition that makes the legal process to be child-centered. Child advocates’ two principal contentions are that (1) children should have the right to define who their family should be. And also, (2) terminate parents’ power if they are contrary to the child’s interest. Nevertheless, these devices not only subvert the nature of contested adoption proceeding, often the bottom of the disputes between the two adults.
The Child’s Right To Decide
The rule that grants children the ability to dissolve their family seems superficially appealing since the complexities of being a child are often ignored. In the eyes of the law, children are incapable of making such life decisions until they reach majority. However, they are allowed to create minor arrangements, not monumental ones that make a more significant impact. If children can make the right decision, they won’t need their parents in the first place.
The Best Interest Standard
The ‘best interest’ standard is a challenge since it calls for the expansion of universal norms. Irrespective of the indeterminacy, this permits and even encourages considering the child’s unique circumstance.
The best interest of the child raises two sets of a question, which is:
- What determines which child gets subjected to a judicial determination of interest?
- How to determine the best interest of the child
When the child’s best interest is adequately defined and followed, it helps give the child a chance for a healthy life despite a divorce. Some opportunities will help ensure the child gets the best out of life, like providing both parents equal custody and not allowing them to feel like a visitor.
Divorce or separation is not enough reason why a child should grow in the absence of another. The child needs a home and needs to grow with both parents. That is the best interest of the child that every legal process should follow. Unless one of the parents is a danger or a bad influence on the child, in that case, filing a restricting order becomes ideal.
Contact Campion, Curran, Lamb and Cunabaugh today for legal help.