How To Court Determines Parental Custody “For The Good Of The Child”
The “good of the child” is what is taken into consideration in
a court of law during a divorce; not the mother, not the father. The
court is just concerned with what is best for the child. It’s the
central theme between a couple in a divorce agreement.
When a couple is arguing more about the materialistic things of the
marriage, the court will appoint an expert to look at the couple to see
who would be better suited for the child to live with. It’s known as
the “parental suitability”.
Keep in mind that the law views children younger than six years of age
as being the “tender age”. Children tend to be given to their mother
unless there are major reasons why the judge should decide otherwise.
Judges tend to go with the “For the Good of the Child” principle before
anything else so the chief test is to decide which parent can give a
child a better life.
“Good of the Child”: How
Is It Determined?
There are two parameters that examine the concept to determine who the
better parent would be for the child:
1 – The parent can satisfy the child’s material needs.
2 – Which of the parents will better satisfy the emotional and
spiritual needs of the child? Which parent is more sensitive
to the child’s feels and can meet their spiritual and emotional needs?
The judgment will also recognize the fighting between the parents to
determine the second parameter.
The court will also, when trying to determine who has custody of the
minor children and who the better parent is, look to see which parent
the child has a secure, consistent relationship with at the time of
their separation.
This topic got real acknowledgment for its basic need in the outline of
“the Convention of the rights of the child” and it determines that the
child should have the right to contact with both his/her parents.
Really, it’s the general right for being a human being.
The court will also transfer the right of parents if it’s found that
either one is interfering with the normal relationship the child has
with his/her mother or father, ensuring the child is in the hands of
the parents who is more capable to follow the arrangements of a normal,
healthy relationship with both parents.
The court acknowledges the importance of “the good of the child” and
its motive and that a child loves both his/her parents. The court
realizes that in order for a child to be happy and calm, he/she needs
these feelings nurtured.