Child Custody Lawsuit in Divorce

Divorce is as much as possible avoided, but if marriage mediation does not also end the problems of the household then what can be done is to prepare everything as well as possible including regarding child custody so that no one is injured especially the children themselves. As a result of divorce, various problems arose from property to seizure of custody of children born in the marriage. You will probably need to find the best Child Custody Lawyers Melbourne so that matters relating to child custody can be resolved properly.

Child Custody Lawsuit?

In general, there are no clear rules that clearly regulate who is more entitled to child custody. There is only one rule that clearly and firmly regulates who has the right to care for children, that is, if a divorce occurs, children under 12 years old are the right for the mother to be able to care for, nurture and care for her.

Being in the mother’s care does not mean that the Father is free from the responsibility of the child’s growth and development. There is a need for time-sharing that allows fathers to be able to freely educate and protect them. While for children who are adults, then the decision will be left to the child, whether he chose to take care of his father or mother. As for the maintenance costs remain to be borne by his father. Children are also entitled to inheritance, grants, and wills.

Given this lack of clear rules, which makes the judge generally will decide based on various evidence and facts revealed in court. As for this matter, what the judge considers is the merits of the pattern of parenting, whether or not the child’s needs are met in material and non-material terms and other matters relating to the child’s own interests.

Based on the understanding of Child Custody which aims to make the child get his right to be protected and nurtured by his parents, the judge will also make the conception of child protection consideration in deciding a case.

In relation to guaranteeing the interests of the child, the judge can also make the desire of the child to live with his mother or father as one of the considerations to decide who has more rights to the child custody.

Then what if someone wants to make a child custody suit? If there are parties who want custody of children can file a lawsuit to the religious court, where the court can revoke the power of custody of the child if there are strong reasons.

Requirements for Submitting Child Custody

In filing a child custody lawsuit there are several stages that must be passed. In the following, the requirements for filing child custody cases in court are as follows:

  • Paying court fees.
  • Application letter.
  • Copy of marriage certificate or divorce certificate of the applicant that has been stamped.
  • Photocopy of identity card (uncut).
  • Photocopy of the child’s birth certificate that has been stamped.
  • Statement of salary or income.