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Child Custody in Yap
by: Micronesian Legal Services Corporation
CHILD CUSTODY
One of the most difficult and painful parts of a dissolution of marriage concerns children. Many times the parents will work out the problems concerning their children between themselves and avoid a court fight. Sometimes the parents will be unable to decide how they will share their child or children, and the case must be decided in court.
The parties, or the court if the parties cannot agree, must determine parental responsibilities, residential custody and visitation. Parental responsibility refers to the rights and responsibilities of both parents as they relate to the children of the marriage. There can be either parental responsibility shared by both parents or sole parental responsibility awarded to one parent.
"Shared parental responsibility" means a court-ordered relationship in which both parents retain full parental rights and responsibilities with respect to their children without needing to confer with the other party. Both parents confer with each other in good faith and with cooperation, so that major decisions such as education, religion or medical needs affecting the welfare of the children will be determined jointly.
"Sole parental responsibility" means a court-ordered relationship in which one parent makes the decisions regarding the minor children. This is only awarded if shared parental responsibility would be detrimental to the child. Evidence of domestic violence or child abuse can be considered by a judge in assessing detriment.
It is the public policy of the Federated States of Micronesia to assure that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities of child rearing.
Assuming that there will be shared parental responsibility, the children often need one place to live called the "primary residence." Neither parent is entitled to have the primary residence of the children with them as a matter of right. The court is to be guided by the best interests of the children rather than the wishes of either of the parents. The parties or the court must decide both the primary residence of the children and the access or visitation that the other parent will have with the children. Under the statute, the father of the children is given the same consideration as the mother in determining the primary residence of the children, no matter how old or young the children may be. The court may also award joint or rotating custody if it is in the best interest of the children.
In reaching its decision, the court will be considering factors such as which parent is more likely to allow the children frequent and continuing contact with the other parent. This is because studies have shown that children will normally do better if they have close contact with both parents rather than just one parent.
The court will also consider the love, affection and other emotional ties existing between the children and each parent since it is important for the children to maintain these ties if they are to reach their maximum potential.
The devotion of the parent to the best interests of the children is one of the most important factors. Children should not be used by parents who are angry at each other because their marriage has not gone the way they expected. The parent who pursues the best interests of his or her children before personal desires is the parent who is truly working toward the best interests of the children.
The court is interested in the ability and desire of each parent to provide financially for the food, clothing, shelter, medical and other needs of the children. In this case, the desire to provide is as important as the financial ability to provide since the court can award child support to assure the ability of parents to provide for their children.
The court will also be concerned with the stability of each proposed home, the success that the children have enjoyed in each home, the morals of the parties, the physical and emotional health of each parent and the reasonable preference of the children if the judge finds that the children are mature enough to express such an opinion. The court will also consider any other fact that is relevant, including the fact that one party filed a false claim of domestic violence, if that fact is applicable.
If the court finds that both parents are unfit, it may award custody of the children to a third party.
Dissolution of marriage is a difficult experience, but where children are involved, the issues become even more complicated. Children should be spared as much of the difficulty as possible. For this reason, it is wise to try to decide parenting issues as objectively and unemotionally as possible. Family counseling services and mediation can be helpful at such a time.
The court also has the power to change the parenting arrangement if it is not working in the best interest of the children at any time until a child reaches the age of 18 and or is otherwise "emancipated."
If an agreement about parenting cannot be worked out in a friendly way and a court hearing must follow, the parents should consult their attorneys and keep themselves as open to their children's interests as possible. Remember that parents can demonstrate their love for their children by doing what is best for them, even if it is a painful decision for the parent.
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