Dealing with child custody cases is never easy for the judge, as he has to look at a number of factors and ensure the child’s safety, all depends upon his decision to pass judgment on awarding custody. It is one of the most difficult challenges that a judge has to face, whether or not the case was appropriately handled, regarding the best interests of the child and safeguarding his protection.
Most importantly, a child’s physical, mental, psychological and emotional aspects are taken into account. It all comes together to ensure that the child is safe and secure in the hands of his or her custodian. Here are some guidelines which are designed to make sure that the child’s safety is not compromised in any way.
- The judge must carefully review and evaluate that the child or his/her parent is not at the risk of emotional, physical or mental abuse under any circumstance
- The judge must also review all the evidence carefully, prior to deciding upon the custody of the child. The safety and security of the child is most important in such cases and is also the primary factor to determine his or her best interest
- The judge should also make all the necessary findings in order to make or explain the actions of his decision to grant custody
- It is the duty and obligation of the judge to evaluate all safety concerns and risks at all levels of the case, from the initial stage till the end of the case
- It is also necessary for the judge to make sure that visitation is promptly carried out to ensure family and child safety and security
Such guidelines can help and assist the judge to make appropriate decisions through a careful analysis and deep thoughtful exploration of the child’s safety risks. Sometimes it is not necessary that the parties involved may or may not comprehend the fact that the child was abused or not. However, the judge must understand and recognize the indications, which might occur and help to determine the possibility that either of the parents is involving the other parent or the child at abuse.
Making Sound Judgements
The abused parent or the child might not directly address the issue at hand of the physical torture or abuse. They might not even express other aggressive forms of controls, executed by the other parent. The judge must be aware of all such indications and not let him or her control the situation at hand.
The judge must think carefully to make sound judgements, based on evidence and indicators. His investigation must rule out the possibility to pass the correct verdict. He must carefully analyze the situation, the circumstances and the evidence to make the right decision. The judge can also request other additional material to determine the authenticity and practicality of any arguments made by either one of the parents or even the child.