Any custody battle fought between parents at the time of break up is never worth fighting. Kids are always victimized into the conflict due to no fault on their side and the parent is normally the winner.
A custody battle is no doubt one of the most tensed proceedings in a divorce case. It is often an important event in the life of any parent. Many divorcing couples argue over the visitation as well as spousal support of dependent children and above all for the custody of those children.
Points considered by courts while granting custody:
When deciding the issue of child custody, courts often consider the very essential elements of the child welfare such as negligence, failure to maintain or abuse. In a child custody battle, particular attention is given to the emotional welfare of the child in question. The emotional welfare of the child involved is very crucial in the child custody battle.
The personal actions of the spouses are that of another concern while deciding a case. Any parent moving on with a lifestyle that will be harmful for the proper development of a child gives a negative impact on the custody matter deciding in his or her favor.
The parent having direct contact with the child involved gets priority in winning a battle for custody. The financial condition, educational background, moral character, social position of a parent seeking custody are primarily taken into consideration while deciding a custody matter.
The financial stability of the parent seeking custody in a child custody proceeding. As such the parent has to ensure that she has sound financial condition having an income sufficient to support her child. In case of women at times financial responsibility requires support from family members to convince the court for granting custody in favor of the mother.
Impact of the battle on the children:
When deciding the issue of child custody, it is common for courts to enquire about the wishes of the child involved. The mental condition of the child is a very important issue. Normally no court is inclined to pass a decree against the wishes of the child. So courts take the views of the children into consideration.
But these battles often leave the child involved in it in a traumatized condition. They are unnecessarily drawn into the litigation. They pass through a highly stressful period. Their emotions are shattered. They are deprived of the company of either of the parents against their wishes. Sometimes these chores affect their studies and at times their health becomes affected. It is also observed that the child needs emotional counseling. No matter which of the parents win the battle, the child is always the looser.