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 … Read More