Child Custody in Divorce and Its Effect on the Children of that Couple

In today’s society one major concern is the issue of a married couple filing for a divorce. While under many circumstances divorce may be the best option available for a couple who feels as if they can not reconcile their differences, it has a great impact on the children in that family. With divorce rates being as high as they are today, it is not surprising that there is a generation of children who suffer emotional difficulties due to their parent’s decision to separate. 

When a couple divorces one of the main issues they are faced with is who will get custody of their children, if they will share custody, or if there is one parent who the other does not deem fit to have the right to even share custody. The fact remains that when the court decides where the child will reside, they are trying to the best of their ability, to make a decision based on the best interest of the child. There are some circumstances in which it is not safe for a child to be with one of his or her parents, such as if the parent has a substance abuse problem or has a problem with physical abuse. 

But, in most circumstances parents without these types of problems can share custody of their children with out objection by either side. The first type of child custody is sole legal custody. In this type of custody only one parent legally gives up the right to make decisions and be responsible for the children. 

The parent who is awarded custody is “…given control over child rearing.” (DeGenova & Rice, 2002). This means that the parent who has custody of the children has the legal right and obligation to make all decisions regarding how that child will be raised, where it will attend school, what medical attention it receives, and any other decision that would be considered detrimental to the development of that child.