Family law, according to E. Allan Farnsworth, "deals with the relationships between husband and wife and between parent and child, with and the duties that arise from such relationships as a result of law or contract, and with the status of married people, or family members, and above all of children." This document touches on the area of family law that concerns child custody and the elements by which a judge determines such a case. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an Original Essay First, child custody refers to the general care and support of an adolescent where the right may be awarded to a parent or guardian by the court. Issues that arise in this area of law may do so in accompanying circumstances: when a married couple with a teenager wishes to divorce; when a child's unmarried parents are unable to reach a custody agreement outside of court; when a parent or guardian is deemed unfit or dangerous to the safety of the adolescent as determined by a court or state office; and when one or both of the child's parents are absent or deceased. In some cases, custody of a child may be granted to other relatives, to a temporary parent or shelter, or to various associations or organizations (HG, n.d.). Child custody can be classified as legal or physical, each also labeled as sole or joint. Those given legal custody of a child are given primary rights and responsibilities, allowing decisions regarding the child's education, medical and therapeutic services, and overall well-being. Physical custody, on the other hand, involves decisions regarding various daily activities, as well as where the adolescent will live and for how long (HG, n.d.). When the court awards joint legal or physical custody, parents or guardians are responsible for communicating and sharing those decisions. To determine a certain outcome of a child custody battle, a judge must consider several elements. Among these elements, drug abuse is one that is often mentioned in court. Both parties in the case must submit the results of a drug test to the court, as custody is not typically awarded to those who abuse drugs or alcohol. It is best for children to grow up in a stable home environment, which plays an important role in the judge's decision. Consideration is given to who can best care for the child, what type of neighborhood the home is located in, are there siblings within the family, and education issues. The judge may also take the child's wishes into consideration, giving more weight to the child's age. Other items include, but are not limited to: past custody, parental behavior, employment, general health of the parent, relatives, and the relationship between the child and the parent or guardian. Please note: this is just an example. Request an article customization now from our expert writers. Get a Custom Essay Cases involving child custody are not only difficult for the judge, but they are painful and often traumatizing for the child and families involved. As a result, a child dealing with divorced parents may develop social problems in later years. This is especially true in cases involving a father absent from a child's life, as the justice system often views the mother as more capable of caring for them. Without custody, a parent has no say in decisions.
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