Usually marriage break-ups and divorce have a direct repercussion upon child guardianship. A number of issues such as visitation rights by the other parent, and appropriate residential conditions for the child are taken under consideration.
A voluntary transfer of child custody refers to a deliberate brought about change in the guardianship rights of a parent or a guardian. This alteration is made when the custodian parent is unable to fulfill the financial responsibilities of the child and is unable to take care of the child’s needs properly.
The decision of voluntary transference of child custody rights is established formally when the guardian or family court decides that the best interest of the child are not being met suitably and hence the child is being deprived of a stable living environment.
How is a Voluntary Transfer of Child Custody Carried Out? Requirement of Proof for Custodial Rights
A vital pre-requisite before the voluntary transfer of child custody rights is a proof given by the person receiving custodial rights that he or she can virtually take good care of the child and will be able to provide a good, stable living environment to the child.
Once the parents or guardians have made a voluntary pact about the transference of custody rights, they will have to file a petition before the court asking them to grant transference rights for the petitioner.
Getting Approval for the Statement of Custody Rights
The court will make a careful examination of the circumstances being offered to the child and his best interest. Thereafter the court will either approve or disapprove the custody rights transference request based upon the quality of the living and comfort being provided to the minor. In order for the request to gain legal establishment, the court will have to approve the statement for voluntary transference of custody rights.
Points to Consider Before Filing for Voluntary Transfer of Child Custody
Fundamental steps taken before the establishment of transference of custody rights: