Analysis Using Legal and Social Implications

Question 1

While divorce today does not have the same level of stigma that is linked to it as before, the subject remains to be a sensitive one particularly amongst women in America. Thousands of women opt for divorce every day in American and abroad as the society in a state of major social transformations (Emery, 2013). The number of those opting for divorce in the contemporary society is increasing at an unparalleled level. Divorce currently holds different ways pervading several aspects of a woman’s life ranging from psychological, legal, financial and social. A woman’s rights to requesting a divorce are legally grounded equally to the rights held by a man. It would be grounded as unjust if the law permitted the right only to the husbands. However, even though such achievements have been acquired it remains evident that females are still ragged behind as they face rather more severe challenges seeking a divorce. Some of the issues that are faced by women seeking for divorce include social alienation, the need to prove the rationale behind the move and the complex legal processes that are demanding (Emery, 2013). Women in most cases are considered to be inferior to men with less financial capability to take care of their children after divorce.

The lack of adequate information is an additional issue that women face. Divorce is a growing complicated procedure and its complication is compounded mainly by differing laws that seek to regulate of divorce and separation in all states in the United States (Emery, 2013). Even prior to the legal challenges take over women mainly make a number of financial mistakes which is mainly come from the lack of adequate and accurate information. In that such challenges are usually easy to overcome with guidance in place (Emery, 2013). Most representatives are unwilling to defend women during such trials on the ground that they are likely to lose the case or that they are not finically stable to fund the whole process given that the court is responsible for determining their financial or property life in general. In addition, women are subjected to stress based on the uncertainty that regards the long run life. In that most fear that their children will be subjected to challenges such as the lack of proper education in instances where the husband is the primary family provider (Emery, 2013). More so, equal property and finances sharing is still a thing that the law is currently to resolve. 

Question 2

In deciding on the person that is to take the custody of a child, the responsible court is bound to take a number of forces into considerations but the primary consideration lies on the best interest of the child (Kumagai, 2014). However, given that in this case the parents are characterized by a stability with no issues it is hard to determine. Given that the child is a newborn the primary reason that would be raised in support of the other to take the child’s custody is the fact that she is the primary caretaker. In this context, the child in question is not old enough to offer their favored choice to the court on who to take them in. As a newborn their importance of the child building a strong bond with the primary caretaker as the mother is crucial. In that, this is not just an emotional connection but the healthy choice. This is crucial for the child to successfully pass through the development stages which in turn leads to their psychological stability. In this context, the court should mainly focus on caretaking responsibilities which include breastfeeding, dressing, health-related planning, social skills exposure and relations in general. In addition, since the mother is good at raising children this, therefore, means that the father should not take the child as this will be denying him to create a stronger bond (Kumagai, 2014).

On the other hand, since the father is the primary provider of the family he can argue that he is more suitable to taking custody of the child since he has the ability to provide the child will all the needed financial and emotional needs (Kumagai, 2014). In this context, this means that the father is responsible and capable of raising the child. In addition based on his stability he is more likely to expose the child to a more favorable as he can even teach him math-related skills and offer him the best social exposure because he will act as a father figure to the child who is likely to teach the child the best way to relate with the outside world. However, in both instances, the court will mainly make the decisions based on the person that has the highest capability of taking care of the child in a manner that will lead to his wellness in general (Kumagai, 2014). In other words, the mother is the one that is at the best situation to raise the child who is a newborn and requires motherly care.

Question 3

Child Support Law in the United States, notes that after married women become separated or divorce or in instances when one of the child’s parent has custody of the child the court is likely to demand that the other parent provides a certain amount in support of the child. This law can be restructured to assert that the payment should only be made by the father in instances that the mother has custody (Smith, 2008). In that, as the family provider, he should be required to continue taking care of the child even after separation. On the other hand, if the mother is in a good state the custody should never be denied to her based on the need to create psychological bonds with the child at ease. In addition, the child visitation should not be limited to a given level because the separation and the upbringing of the child are two separate subjects and should not, therefore, interfere with the need to create bonds with one’s child (Smith, 2008).

The legal plan of ensuring that payments for child’s support are adequately given would include direct salary deduction monthly to support the child. In that, the matter is a sensitive one and most parents are not willing to offer financial support to a child who is not living with them based on the belief that it is their partner that is benefiting (Smith, 2008). Setting a compulsory system that seeks to ensure that those required to pay the set amount never escape the responsibility will low the number of cases in the family courts of those that have proved to be highly difficult in accepting such payments. In addition, all the job seekers should be required to offer report on their custodial status if any. This is to enable the employers to connect with the child support department in ensuring that the payments are made. Further, in covering past allotments that have been missed this the system that involves direct salaries deduction is an effective one that will pay the debs and offer support to the child without fail which might affect individuals living in a way or another (Smith, 2008). This plan is not only effective in lowering the number of deadbeat’s dads but it will also seek to ensure that the wellness of the affected children is emphasized. In that regardless of the situation, their wellbeing should always come first (Smith, 2008).

Question 4

Single-parent parents can best be described as those parents who live with their children dependently either on their own or in an extensive household but without the support of their spouses. The general rate of single parents has raised rather drastically in the recent years which can be accounted for modernism and social changes (Kumagai, 2014). Amid four parent one is a single parent which shows the sensitivity of the matter in the United States. The policy that I would recommend in order to minimize the stress and trauma that is experienced by single parents in raising their children would be to offer them certain compensations. This can include raising their salary but at least 10 percent (Basch, 2001). In that their needs are quite high which means that in general, they need more efforts to be able to raise their families and create stability for every individual. In this context raising their wages would help in lightening their financial stress and support the needs of their children partially. In addition, this policy should seek to ensure the payments of the allotment is made compulsory which will help in maintaining families in healthy conditions. In addition, supporting children financially is all about commitment and thus this can best be asserted by setting compulsory terms to ensure that the lives of children at stake are not affected negatively (Kumagai, 2014).

In today’s society, I do believe that marriage should be rewarded adequately to motivate them to maintain and inspire others to maintain. In that, the challenges that are involved revolves around financial provisions in general (Statsky, 2004). In this context since their main issues revolve around finances, certain policies can be set to ease their burdens in general and promote wellness. In other words, religious and societal repercussion in regard to marriage have become outdated because they are not relevant and are not accounted as essential (Statsky, 2004). In that since religious implications assert that marriage is holy and should not be broken at any given moment. In that the social norms that were previously being utilized to guide marriages and to restore relationships. Currently, there is no stigma or worry of being divorced as the act has become a normal one in general since every individual is entitled to autonomy and thus there is a need create uniformity and assert on the essentials of social and religious implication (Statsky, 2004).

 

 

References

Basch, N. (2001). Framing American divorce: From the revolutionary generation to the Victorians. Berkeley, Calif: University of California Press.

Emery, R. E. (2013). Cultural sociology of divorce: An encyclopedia. Thousand Oaks, Calif: SAGE Reference.

Kumagai, F. (2014). Family issues on marriage, divorce, and older adults in Japan: With special attention to regional variations.

Smith, B. G. (2008). The Oxford encyclopedia of women in world history. Oxford [England: Oxford University Press.

Statsky, W. P. (2004). Family law: The essentials. Clifton Park, NY: Thomas/Delmar Learning.