CHILD CUSTODY

Child Custody as an Intractable Conflict



Table of Contents

Introduction1

History of Child Custody2

Analysis of Child Custody3

Shared or Joint Custody3

Sole Custody3

Changes in Child Custody over the Years5

Impacts on Child's Life6

Flaws in the Child Custody system7

Consequences of Intractable Conflict among Parents8

Child Custody Involving Violence or Death9

Benefits of Mediation and Negotiating Process10

Cultural, Communicational, and Normative Dimensions of Conflict in Mediation12

Best Interest of the Child13

Working Theory for Conflicts14

Other Recommendations16

References18

Child Custody as an Intractable Conflict

Introduction

The relationship between a husband and wife is a very important factor for the improvement of the children's future. In every household, the relation between the mother and father dictates the environment of the house in which the child is brought up and nurtured. Hence, in order to maintain a conducive environment for the child's development, it is essential to maintain a healthy marital relationship. If in case there are some difference, both partners should try to conceal their differences from their children so as not to have any adverse impact on the child's psychology. In many strained relationship cases, where the husband and wife could not resolve a dispute among themselves, the situation often results in divorce or temporary separation. In such cases, the issue of child custody arises. This issue have severe implications on the life of the child since it is a crucial topic to decide with whom the child will live for the rest of his or her life.

Child custody is a very controversial case, one that can lead to many conflicts over time. This research paper will analyze the culmination of child custody into intractable or obdurate conflicts that create adverse impacts on the life of each party along with their children. We will analyze the topic over time, create understanding about the consequences of a conflict arising from such a situation and determine what can be done to resolve this issue (Straus, 1990). In this context, it is noteworthy to know that an intractable conflict is the one in which both the parties show resistance towards the resolution of their differences.

History of Child Custody

"Child Custody" is a legal term used to describe the relationship and obligations between parents and child in view of situations, in which both parents of the child does not want to, continue living together. This situation can lead to divorce, annulment or separation, in which the children in the relationship can not live with both parents and should be under the primary care of one of them, who will make decisions for the child and care for him. State courts have jurisdiction to decide whether the child will live with the parent based on the best interests of the child. Ordinarily, in deciding custody arrangements, each state takes into account factors that one way or another includes the following:

Age and sex of the child.

Bonding between the parties involved and the child.

Relationship between the child and his siblings, if any.

The ability of the parties seeking custody to provide emotional nurturing environment for the child (Somere, Braunstein, ...