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Divorce can be hard on couples even when it is amicable and they are the only ones involved but when children are part of a marriage and that marriage dissolves then it can be harder still, especially if the divorce is anything but amicable. Children are often used as a bargaining tool by parents who are divorcing and each may want the children to live with them. When this happens, the only solution may be to seek the help of a lawyer to find out what parental rights they have. The sooner you seek this advice the easier the whole process may be.
Both partners have equal parental rights
If the marriage was a legally binding marriage then both parents have equal responsibilities and parental rights when it comes to bringing up the children once the marriage has dissolved. This means that both parties would have a say in anything concerning the child. For example, this may mean making decisions and choices regarding schooling and medical concerns. Hopefully, the divorce will have been an amicable one and both partners will have the best interests of their children at heart and will want to work together when it comes to their children. The rights of the children after divorce must be paramount and the couple should be able to put their differences aside at least when it comes to the children. If not then it may be necessary to seek help and advice by way of a lawyer and unfortunately go to court.
Avoiding custody battles
When considering parental rights is should be remembered that children should be able to have and enjoy a relationship with both parents and any responsible parents will work together and put their own feelings about the relationship to one side to allow the child the chance to do so. Where possible it is of course in the best interests of the child to avoid court proceedings. Children can be deeply affected by divorce and hearing the words “custody battle”, “contact” and “access to children” can cause a great deal more anguish for the child and of course parents.
Terminating parental rights
If there were good reason of course for one of the parents to request a termination of parental rights for their partner then they would have to apply to the courts. Of course, this would only be in the most extreme of circumstances such as if the child’s health and well being would be at risk, say due to an abusive partner. It would then be down to the courts to listen to the evidence and determine if terminating parental rights for one of the partners would be the best course of action. Termination of parental rights means that in the eye of the law that person is no longer the parent to the child and as such have no say in any matters relating to the child. Care of the child would then be entirely in the hands of the other parent.
Of course, it may be that one of the parents’ wishes to give up their parental rights themselves. This for example may generally be in the case of the father who does not wish to have to pay support for children. However, it may also apply to the mother’s parental rights, if the father had custody of any children. However one should give this a great deal of thought as mentioned above giving up parental rights means that you no longer have a say in the child’s life and are no longer classed as being the parent. Usually if both parents agree that it is in the best interests of the child for one of them to give up parental rights then a court will act and agree.
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