custody of children
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2021 ◽  
pp. 0192513X2110484
Author(s):  
Peggy S. Keller ◽  
Shuang Bi ◽  
Nancy Schoenberg

The present study investigates factors associated with anxiety, depression, and stress in children being reared by their grandparents in rural Appalachia. Grandparent-headed households, in which grandparents have primary responsibility for care of children, are increasing in number. However, research is needed on child risk for internalizing symptoms in this context. Participants included 35 children aged 5–18 years and one of their custodial grandparents. Interviewers read questionnaires to grandparents and children assessing family functioning and child mental health and participants indicated their answers. Mean scores for child internalizing symptoms and stress were on the higher end of the scale of measurement. Lower grandparent positive parenting, grandparent not having formal custody of children, greater grandparent mental health issues, lower grandparent education, and lower financial status were correlated with greater child anxiety, depression, and stress. Results also indicated that correlates of children’s internalizing symptoms differed based on child sex and age.


2021 ◽  
Vol 22 (2) ◽  
pp. 45-70
Author(s):  
Sebahat AYDOS ◽  
Aysel KÖKSAL AKYOL

The aim of this study is to examine the reports prepared in the process of deciding the custody of children in divorced families in the context of child development. The reports evaluated in the scope of the research were evaluated by the method of document review and the results were found in the context of child development and the best interest of the child.  In this context, a total of 107 reports related to custody were examined. The results from findings show that while evaluations regarding custody are expressed in many places with the emphasis on the development of the children, the reports contain little information about the development of the child. When the child's best interest is considered to be the most important component of child development, it is seen that as a result of these depictions, developing a new system in order to protect the best interest of the child, which is one of the top principles of the law related to custody, and carrying out an evaluation that focuses on child development is necessary.


2021 ◽  
Vol 8 (1) ◽  
Author(s):  
Mohamad Faisal Aulia ◽  
Nur Afifah ◽  
Gilang Rizki Aji Putra

One of the crucial issues in family law in Indonesia that needs attention today is the issue of gender justice in family law, including post-divorce custody of children. This is due to the historical-empirical reality of family law that still places unequal status and roles between men and women. This article discusses how the provisions of child custody disputes in Islamic family law and how the legal provisions for post-divorce child custody have a gender perspective. Based on the above study it can be concluded; First, the legal provisions regarding child custody regulated in articles 105 and 156 are not gender responsive, this is because in determining that a person is given custody based on sex, not based on the aspects of morality, health, educating and caring for children, which in the end is for the realization of interests. the best boy. Second, aspects of morality, health, the ability to educate and care for children cannot be mastered and only owned by a certain gender, but all aspects can be owned by both men (fathers) and women (mothers).Kata Kunci: Hak Asuh Anak, Hukum Keluarga, Keadilan Gender


2021 ◽  
Author(s):  
Johannes Münder ◽  
Rüdiger Ernst ◽  
Wolfgang Behlert ◽  
Britta Tammen

This textbook is aimed at students of social work and law, those working in both public and voluntary children’s aid associations and youth welfare services, guardians ad litem and judges. It focuses on civil regulations that are of particular importance when it comes to children growing up and adults raising children and adolescents: the law on parentage child maintenance parental custody, in particular civil child protection to ensure a child’s welfare and parental custody of children in cases of divorce and separation visiting rights, which are often particularly the cause of conflict The book addresses the regulations involved in guardianship, wardship and adoption. It also explains the law on caring for adults with disabilities or mental illnesses.


2020 ◽  
Vol 1 (2) ◽  
pp. 244-259
Author(s):  
Sry Yulianti ◽  
Ma'ruf Hafidz ◽  
Dachran S Busthami

Tujuan penelitian menganalisis Efektifitas Putusan Hak Asuh Anak dan Pertimbangan Hakim di Pengadilan Agama Polewali Mandar dalam memberikan hak pemeliharaan atau hak asuh anak kepada salah satu dari orang tuanya. Penelitian ini menggunakan pendekatan penelitian empiris  Hasil penelitian menunjukkan bahwa: (1) evektifitas putusan hakim terhadap hak asuh anak akibat perceraian di Pengadilan Agama Polewali Mandar No.195/Pdt.G/2020/PA.Plw terlaksana sudah efektif karna dilaksanakan dengan baik dan memenuhi syarat sesuai dengan putusan Pengadilan Agama dalam pemenuhan hak asuh anak; (2)  faktor-faktor yang mempengaruhi putusan hakim terhadap hak asuh anak akibat perceraian di Pengadilan Agama Polewali Mandar , yaitu faktor agama dan faktor materi. Pertimbangan hakim dalam menetapkan hak pemeliharaan anak atau hak asuh anak, selain pertimbangan hukum yang dilakukan, hakim juga melihat kepentingan-kepentingan anak, supaya hak pemeliharaan anak atau hak asuh anak tepat kepada siapa di dapatkan. Hakim juga menggunakan hadist Al-Qur’an dalam mempertimbangkan putusan tentang hak asuh anak. This study aims to analyze the implementation of legal protection against children through diversion The research objective is to analyze the effectiveness of child custody decisions and judges' judgments at the Polewali Mandar Religious Court in providing custody or custody of children to one of the parents. This study uses an empirical research approach. The results show that: (1) the effectiveness of the judge's decision on child custody due to divorce at the Polewali Mandar Religious Court No.195 / Pdt.G / 2020 / PA.Plw has been implemented effectively because it is implemented well and fulfills requirements in accordance with the decision of the Religious Court in fulfilling child custody rights; (2) the factors affecting the judge's decision on child custody due to divorce at the Polewali Mandar Religious Court, namely religious factors and material factors. Judges considerations in determining child care or child custody rights, in addition to the legal considerations made, the judge also looks at the interests of the child, so that the right to care for the child or the right to custody of the child is right to whom it is obtained. The judge also used the hadith from the Qur'an in considering decisions about child custody.


Author(s):  
Hafiz Muhammad Siddique ◽  
Syed Naeem Badshah

Family law in Pakistan underwent a fundamental change when the Family Courts Act, 1964 was enacted and family matters were entrusted to family courts instead of ordinary civil courts. Since then, family courts have been administering family law to provide ‘better remedies’ to women and children. This paper aims to highlight the objectives of enacting Family Courts Act 1964 and how does it regulate its own proceedings under the judicial structure. It is significant to examine that the provisions of (Civil Procedure Code, 1908) CPC are generally not applicable to the trials before family courts, however usually proceedings are more or less the same; yet, family courts have special powers to discover the possibilities of amicable settlement of family disputes. This paper investigates various procedures in several family issues like a suit for maintenance, dissolution of marriage, a suit for dower and other dowry articles, inheritance and custody of children. It also interrogates that how far the objectives of the said law are achieved? I also argue that there is a dire need of establishing family courts separately like other administrative tribunals as the spirit of the law demands. This research mainly emphasizes that the environment of the courts should be segregated for the decorum of the families whose domestic disputes are usually exposed publically that I cite as a great reason for not accessing legal protection in Pakistani society. The paper also stresses that the milieu of the courts should also be affable for the visit of the child for the best interest and welfare of children and women.


Hawwa ◽  
2020 ◽  
Vol 18 (2-3) ◽  
pp. 143-161
Author(s):  
Nahda Shehada

Abstract The work of Muslim judges in the shariʿa courts ranges from enforcing specific moral standards to redistributing wealth in accordance with Islamic inheritance norms. Judgments in cases involving divorce, alimony, and the custody of children are nonetheless part and parcel of the judges’ daily routine. This paper uses ethnographic work in Gaza–Palestine to explore whether, how, and why judges assert certain rules and norms on some occasions but make adjustments or accommodations on others during the process of adjudication. It tries to uncover certain ambivalences in the law and society that allow them to adjust situationally. Social factors such as gender, social status, educational background, and class are scrutinized to see how they are played out, together or separately, in the process of adjustment. Orality as a method is central to the judges’ work as well as to the analysis.


2020 ◽  
Vol 2 (2) ◽  
pp. 14-18
Author(s):  
I Made Gede Adi Palguna

Marriage is a bond the inner and outer man and woman as husband and wife with the aim offorming a family or household that is happy and eternal based on one supreme divinity. Divorce is theelemination of the marriage with the decision of the judge or the demands of one of the parties to themarriage.Civil servants who will do the divorce or certificate in advance of the official. Issues raisedin this research is how the procedure to be followed for civil servants to obtain a permit divorce andhow the legal consequences arising from divorce for civil servants. This study is the legal normative,conceptual approach and approach the laws. Legal materials used are the primary legal material andsecondary legal materials. Collection of legal material is done by quoting, summarizing and providesreviews and documentation of primary legal materials. Analysis of legal material used are collectinglegal material which is then analyzed systematically. Procedure to be followed in obtaining permitsdivorce for civil servants is a must have permission from his superiors to those in change of civilservants. Environment, respectively the first to be attempted reconciliation between the husband andwife, if not succesful, then the officer tok the decision at the request of the divorce license with considerthe reason the reason. Legal consequences arising from divorce to civil servants is due to the law of thehusband and wife are legal consequences for children are sharing custody of children as a result ofmarital property, namely the division of joint property or possessions together.


2020 ◽  
Vol 2 (1) ◽  
pp. 93-97
Author(s):  
I Wayan Ery Prayana Murtiawan ◽  
I Nyoman Putu Budiartha ◽  
Diah Gayatri Sudibya

Behind the events of marriage and divorce, the existence of children is very important in the life of the Balinese people. Even many married couples are willing to divorce because it does not produce offspring or children in their marriages. The formulation of the problem in this study is: how is the right to care for children after the breakup of marriage due to divorce and how the position of the child according to Balinese customary law is after the termination of marriage due to divorce. The type of research used in the preparation of this proposal is normative legal research. The results of the discussion in this study are those who are obliged to care for children in divorce cases are the father of the child, because marriage according to Hindu law in Bali adheres to the Fatherhood system (Vederrechtelijk), so that the more privileged are purusa or male parties. About custody of children who are underage and breastfeeding usually the court gives custody of the child to the mother, this is due to humanitarian factors for the growth and development of the child. The position of the child after the breakup of marriage is that the child as heir and successor descendant is referred to as the term sentana the importance of the value of the child in accordance with the teachings of Hinduism that animates the lives of Balinese people. Dibalik kejadian perkawinan dan perceraian, keberadaan anak sangat penting dalam kehidupan masyarakat Bali. Bahkan banyak pasangan suami istri rela cerai karena tidak membuahkan keturunan atau anak dalam perkawinannya. Rumusan masalah dalam penelitian ini yaitu: bagaimanakah hak memelihara anak setelah putusnya perkawinan karena perceraian dan bagaimanakah kedudukan anak menurut hukum adat Bali setelah putusnya perkawinan karena perceraian. Tipe penelitian yang dipergunakan dalam penyusunan proposal ini adalah penelitian hukum normatif. Hasil pembahasan dalam penelitian ini adalah yang berkewajiban memelihara anak dalam kasus perceraian adalah ayah dari anak tersebut, karena perkawinan menurut hukum Hindu di Bali menganut sistem Kebapaan (Vederrechtelijk), sehingga yang lebih berhak adalah pihak purusa atau pihak laki-laki. Tentang hak asuh anak yang masih dibawah umur dan sedang menyusui biasanya pengadilan memberikan hak asuh anak tersebut berada pada ibunya, hal tersebut disebabkan karena faktor kemanusiaan demi tumbuh kembang anak. Kedudukan anak setelah putusnya perkawinan adalah anak sebagai ahli waris dan penerus keturunan yang disebut sebagai istilah sentana pentingnya nilai anak tersebut sesuai dengan ajaran Agama Hindu yang menjiwai kehidupan masyarakat Bali.


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