Divorce and Child Custody (Case Study Sample)

Divorce and Child Custody
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Divorce and Child Custody
Matters relating to child custody are usually decided with respect to the child’s best interest. In legal terms, this is known as the “best interest” test (Gunsberg & Hymowitz, 2013, p. 135). The courts usually take into consideration living arrangements, educational issues, religious issues, as well as the parent who is most fit to provide care and support to the child. In the event that the process gets too litigious and the courts want closer details regarding the family situation, then the presiding judge may appoint a guardian ad litem (custody investigator) to look into all issues pertaining to the child’s welfare and report to the judge.
In the event that an agreement is reached regarding who is to have exclusive physical custody, which has already been decided in this case, the court will normally grant joint legal custody to the parents. This means that both parents have equal say on issues such as education, healthcare, religion, and other important issues that may affect the child’s life. The fact is that until the court has issued its custody opinion or the parents formally signed a custody agreement, every parent is entitled to the same legal rights with respect to issues touching on the child’s life, as well as physical custody (Popenoe, 2009, p. 29). The law acknowledges that voluntary agreements between parents will most likely yield positive outcomes in the long term compared to court imposed decisions.
The courts will not intercede unless it directly affects the child’s interests. Because both Bill and Pam have agreed that Pam will have sole physical c...