Marriage is a bond between a man and a woman to become a married couple to foster a happy family. Every household must have small or large quarrels depending on how each partner reacts to it. In that quarrel, there are sometimes problems that can be resolved and that cannot be resolved. These unsolvable problems usually lead to divorce.
After the divorce and between divorced husbands and wives there are disputes about child custody, of course, raises a question of which of the husbands or wives has the most right to obtain custody of children.
The existence of a divorce will have legal consequences, as follows:
- The father and mother still should provide education and carry out care for their children for the sake of the child, if there is a dispute between the father and mother regarding child care, the court has the right to make a decision.
- For the cost of education and care, the responsible person is the father, if the father is unable to fulfill his responsibilities, the Court can determine that the mother is responsible for the education and child care costs.
- The court can also impose an obligation on the ex-husband to provide his ex-wife with living expenses or vice versa.
The dissolution of a marriage has legal consequences not only on the relationship between the husband and wife whose marriage has been terminated and their property alone but also on the children born in the marriage.
Children who are still small or have not yet reached adulthood cannot think about many things and cannot distinguish between the treatment of the mother and the treatment of the father. So the child cannot be given a choice, but it is immediately given to the mother. So it can be seen that the role of the mother is very important for immature children. Regarding child guardianship, the rule is that the biological mother takes precedence, especially for young children, because the child’s interests are a priority unless it is proven that the mother is not fair to care for her child. can custody of the child from the mother be transferred to the father?
Several things can cause the loss of custody of the mother:
- Custody of the mother is lost due to remarriage. The logical basis is strong enough because the wife will be busy serving her husband. This is what is feared that it will endanger the child who is being cared for because the wife’s attention is divided on her new husband, even though the new husband allows him to share the child.
- Mother’s custody is lost when the mother travels long distances. In this regard, fathers are allowed to take the place of mothers in caring for their children.
- The mother’s right is given up if she is suffering from a dangerous disease. Like crazy, leprosy, and leprosy. Because the person who takes care of him cannot have a disease that makes other people stay away from him.
- A mother’s right to care for a child is also void if she misbehaves.
The reasons above must be proven objectively in court. For example, if a mother is in an abnormal condition (insane) then it must be proven by a doctor’s diagnosis, or if the mother is positive for drugs, it must be proven by written evidence also from the doctor. If the evidence presented is weak, it can be ascertained that the custody of the child remains with the mother.
In this case, to protect the father’s right to get custody of the child, it is necessary to have a lawyer, to avoid burdensome and even detrimental risks. Meanwhile, in Oklahoma, a special lawyer has been formed for men, especially a father. lawyers for men will protect the right of the father to the custody of the child.