Custody of children – Divorce can occur because one party files a lawsuit or application for divorce to the local court, either through the Religious Court or through the District Court. One of the consequences of divorce cases is the struggle for child custody between ex-husband and wife.
So what are the provisions for child custody if the wife sues for divorce from her husband? Who will get custody of the child?
In this case, if the wife is suing for divorce in court, then she can register her lawsuit with the Religious Court for Muslims, as well as in the District Court for Religions and other beliefs.
In the ongoing divorce trial process, both the plaintiff and the defendant can make an application for child custody to the Panel of Judges. Another step to apply for child custody is to file a lawsuit or application for custody that is registered separately or after the divorce trial ends.
The application of Child Custody in each trial will of course be different, depending on the evidence or facts attached, and other supporting factors.
What is Child Custody?
Custody of children in divorce is the ability of parents, either one party or both parties to care for, nurture and care for a child less than 12 years old.
Custody of children in divorce is better known as hadhanah. The meaning is similar to the definition of child custody that has been described previously. However, for reasons of children under 12 years old, in this sense it is more explained if children under 12 years old have not been able to determine what is good or bad for their survival.
Child custody can actually be resolved in a family way. However, if there is a dispute about this, the court will help to provide the best solution regarding child custody.
In the law on child protection, it is emphasized that fostering power is the power to educate, nurture, foster, develop, and protect children in accordance with the religion adopted as well as their abilities, interests, and talents.
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The Purpose of Getting Custody of Children in Divorce
1. Manage Child Care and Education Responsibilities
Children should still be considered both from education and other things. Even when he is an adult, children are still the responsibility of parents as long as he is not married. In addition, the existence of a divorce does not mean that the obligations of parents to their children will be lost.
Parents still have responsibilities to the children left by the divorce. Therefore, it is necessary to have child custody so that the children do not feel that their parents have let go of their responsibilities because they have separated.
2. Keeping Children’s Mental Health Awake
In addition to the above, the mental state of the child also needs to be taken care of. Many mental effects can occur in children, especially those who are underage or in their teens when their parents divorce. The existence of child custody will help that both parents still love him even though they no longer live in the same house.
Types of Child Custody in Divorce
In determining child custody itself, not everything will fall on the mother. Even for children who are under the age which is indeed attempted to fall into the hands of the mother. However, it is not impossible for the father to have custody of the underage child with certain considerations from the court.
In addition, child custody can also fall on one party when the child is old enough so that he can choose for himself whether he wants to live with his mother or father.
1. Child Custody Goes to Mother
There are several things that make the judge give custody of the child to the mother or consider that the child should be cared for by the mother, namely:
A. Children Under 5 Years Old
Children under 5 years old, both boys and girls, still need their mother’s love. Especially if you are under 2 years old, you still need breast milk for nutrition. Therefore, mothers are considered the most entitled to take care of their children.
However, it should be realized that even though the custody of children under 5 years is for the mother, the father still has the right to meet his child because divorce does not break the relationship between parents and their children and is also obliged to provide a living for their children so that the relationship between father and child does not break.
B. Children Under 12 Years Old, Especially Girls
In addition to children under 5 years of age, a child under 12 years of age should also be cared for by his mother. Children under 12 years of age still cannot distinguish between right and wrong. In addition, they also still can’t choose, most of them still want to be with their father and mother.
Children aged 12 years and under, especially girls, should be with their mothers. One reason is that the child is likely to experience puberty so that the mother understands the situation better.
C. Children under 12 years old with cases of cheating father
In addition, children who are under 12 years old with cases of cheating fathers tend to have custody of their mothers. Cheating fathers can be considered as having failed to be a good father and not teaching good things to children. Therefore, mothers have more rights to raise children than their fathers.
Therefore, this also applies to mothers who are suing for divorce because their husbands are cheating on them. If the evidence shows the truth of the husband cheating, it is likely that the custody of the children in the divorce is with the mother.
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2. Custody of the Child Goes to the Father
Custody of children in divorce does not always fall on the mother alone. The court may grant custody of the child to the father, even if the child is still a minor with several considerations such as:
A. Children under 5 years old but mother is not well-behaved
Even though the child under 5 years old still needs his mother, but if the mother is not well behaved, the custody will automatically pass to the father. Not well-behaved, for example cheating, drinking, often committing violence, and so on.
If the custody of the child is still given to the mother, it is feared that it could harm the child’s physical and psychological well-being. Therefore, fathers can be the right place to raise children aged less than 5 years.
In addition, the existence of witness statements that incriminate the mother to get child custody can also be a condition for child custody to fall to the husband or father.
B. Children Under 5 Years Old But Mother Imprisoned
The father can also get custody of the child if the mother is in prison. If the mother is in prison and the father is still alive and then decides to divorce, the child must be raised by the father. Mother must complete the sentence that has ensnared her.
Yes, minors should not be invited or raised in prison because that is not their environment. Children are human beings who have the right to be free to play and spend their childhood happily.
C. Children under 5 years old but mothers can’t take good care of children
Children aged 5 years and under can also be cared for by the father if the mother’s condition cannot take care of the child properly. For example, if the mother is seriously ill, she cannot provide for the needs of her child.
It could also be because the mother is so busy that she cannot take care of the children. Mothers go abroad so they can’t take care of their children, and there are many other reasons. The point is that children must have parents who can meet their psychological and physical needs.
D. Children Under 12 Years Old But Mother Is Proven Cheating
Children under 12 years old can also be raised by the father if the mother has been proven to be cheating. If the husband has strong evidence about his wife’s infidelity, then the husband will take care of the child.
Just like the above, a cheating wife can also be considered a failure to keep her family intact. This can have a negative impact on the child if the mother’s wife takes care of the child.
It is important to know that even if the wife is having an affair, it is not entirely certain that the custody of the child will fall into the hands of the father. Because the granting of custody needs to consider many factors such as:
Consideration of the Child’s Goodness
In marriage, it is stated that the wife must manage household affairs as well as possible. So, by committing an affair, the mother will be considered to have failed to carry out her role. This will be taken into consideration by the judge when deciding custody, especially if evidence is followed.
In addition, the cause of the mother losing custody of the child can also be due to economic factors that are better than the mother. Closer to Dad
When the child is older and chooses to live with his father because he feels closer to the father, then the custody of the child can be the boy’s side.
3. Child Custody is Determind by the Child Himself
If earlier we only discussed the custody of minors, then the next one is those who are more than 12 years old. Children whose father and mother are divorced have the right to choose whether they want to live with their father or with their mother.
For some people, divorce is a solution to untenable household problems. But sometimes in the process of divorce can also arise some problems or other confusion.