According to the International Convention on the Rights of the Child, one of the rights of children is that children cannot be separated for any reason from their parents. This principle of protecting children’s rights should ideally be the basis that must be held by married couples and also the assembly that decides on divorce cases.
Divorce is a last resort, so the panel of judges is obliged to continue to reconcile and remind couples who are about to divorce to give up their intentions, including ensuring that the couple agrees on child care.
Unless one of the parties is proven to have endangered the safety of the child. Custody rights must ensure the best interests of the child, it is better if the child’s custody is given to the mother if the child is not yet an adult. Because by nature, mothers are more able to manage children and are more painstaking in caring for children. But, according to him, child custody is also possible given to the father if the mother has bad behavior and is considered incompetent to be a mother, especially in educating her child.
In practice, the courts also usually give the right of guardianship and custody of minors to the mother.
Meanwhile, regarding the maintenance of the child after the divorce, the father is responsible for all the maintenance and education costs needed by the child. But it also looks at the ability of the father. If the father is unable to provide this obligation, the Court can determine that the mother will share the costs.
Whether you will get child custody or not, will be entirely up to the judge who decides by considering various things including those described above.
Besides that, here are 5 tips you can try to get custody on your side:
Learn more about Custody at your place
Find out about childcare laws in your area, including local customs, so you can better understand the situation. See also for anything that can be used against you and how you can fight it. Learn about the entire parenting process and your rights as a parent as well.
Collect documentation and witnesses for your relationship with your child
Write down all activities related to your child and keep all information about him. This will be very useful later during the trial. You can also write about relevant past events, but make sure you don’t commit fraud because the courts can easily see through you. You also need to find people with whom you and your child have a close relationship. They can be family members, relatives, friends, colleagues, teachers, doctors, and so on. Gather reliable witnesses that will strengthen you in the case.
Know the good and bad points you have
Knowing about your strengths and weaknesses as a parent will help you come up with the right strategy and approach to use in court. So please record all your good and bad points. For example, it could include attending school activities, taking your child for medical/to the dentist, and being the child’s primary protector. On the other hand, cons such as overwork, less spending with family, and extramarital affairs can risk your chances of winning your rights. Be careful the other party can use the points against you.
Prioritize your child as everything
Don’t influence your child to choose you, you don’t have to tell your child to choose you over other parents. During the legal process, a child care worker will interview everyone, including your child. If they find out you’re trying this, the courts will most likely favor the other side. Think about what is best for your child rather than putting your needs first. Don’t forget that your child is the one suffering the most from all of this, and the most you can do is make things easier for him or her. Just do your best to be a good parent and meet your child’s needs in the end, you won’t care who wins as long as you know your child will get the best care.
Find an experienced lawyer
Lastly and most importantly, look for legal services that have expertise in divorce and are trusted to conduct consultations first, which specializes in cases of child custody rights before getting legal assistance to resolve this issue. For Oklahoma residents, Oklahoma child custody laws can be the best option to help with legal issues regarding child custody.