• Mon. Sep 21st, 2020

Regarding Child Custody in Divorce

When deciding to divorce your partner, you will be faced with the consequences and legal consequences that follow, one of which is about child custody. Based on the provisions of the Article concerning Marriage it is stated that the consequences of the termination of a marriage due to divorce are:





1. Neither the mother nor the father remains obliged to care for and educate his children, solely based on the interests of the child, whenever there is a dispute regarding

2. The father is responsible for all the maintenance and education costs needed for the child, if in fact, the father cannot give the obligation, the court can determine that the mother will share the cost.

3. The court may require the ex-husband to provide living expenses and/or determine an obligation for the ex-wife.

Based on the above article, it is clear that divorce does not necessarily eliminate the rights or obligations of parents towards their children. Both are still responsible for taking care of all children’s needs, including living expenses, education, and others.

Even though the Marriage Law does not have a definition of custody, there is the term “fostering authority” which is “the power of parents to nurture, educate, maintain, foster, protect, and grow children in accordance with their religion and abilities, talents, and interests.”

This certainly raises the question, which of the fathers or mothers who are most entitled to obtain custody is the sole main guideline of judges in deciding the granting of custody of children to divorced couples. The article reads:

In the event of a divorce:

1. The care of children who are not yet or who are not yet 12 years old is the right of the mother.

2. Mumayyiz child care is left to the child to choose between his father or mother as the holder of the right to care.

3. Maintenance costs are borne by his father. “

Of course, because it is a provision of Islamic law, the article only applies to couples who embrace. Meanwhile, for couples whose religion is other than Islam, the granting of custody will be decided by considering the following matters:

• Facts revealed at trial;

• Evidence presented by both parties;

• Arguments that can convince the judge of the ability of those who apply for Child Custody to take care of and carry out the interests and care of the child both materially, educationally, physically and spiritually from the child

What about the provision of income during the divorce process?

You might ask about the provision of providing a living by the husband to the wife during the divorce process. According to the Marriage Article, a husband is obliged to fulfill all the needs of his wife’s life in accordance with his abilities.

Regarding this income also regulated in Article concerning the Implementation of Law No. 1 of 1974 concerning Marriage), which says: during a divorce lawsuit at the request of the plaintiff or defendant, the court can determine the income that must be borne by the husband.

Thus it can be concluded that the divorce process cannot be used as a reason for a husband to neglect the obligation to provide for his children and his wife, as well as the obligations of parents to their children. In addition to ensuring the affairs of the child are guaranteed well, couples who are in the process of filing for divorce also protect shared property so as not to harm any party.

Thus a full explanation of the divorce proceedings in court and tips for choosing a professional and trustworthy divorce lawyer. Hopefully, the above article is useful for those of you who are looking for credible references regarding the divorce process, yes!

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