In marital relationships, sometimes there will be divorces. Many things can trigger the cause, and usually, the victims are children. Custody rights are often an issue before or after divorce. This is the obligation of the parties to protect children’s rights
Marriage after being carried out will have legal consequences for both parties, including the child resulting from the marriage. The result is the emergence of rights and obligations. Many households cannot realize this goal and eventually divorce, even though the Marriage Law does its utmost to suppress divorce, because the consequences of divorce are not only for the parents but also for the children. This paper discusses the protection of children’s rights after the divorce of both parents, in which the law uses a statutory approach and a conceptual approach. Legal protection for children both before and after divorce is needed to minimize things that are not desired by the child itself, like the absence of affection, the child becomes neglected and the child also cannot get along like a child.
The law also realizes that divorce carried out arbitrarily will result in the destruction not only for the husband and wife but also for the child who should be cared for and cared for properly, so that the child will fall further as a victim of divorce. ignored, so that efforts are made to guarantee the maintenance of children’s rights after divorce. The judiciary in this case has an important role to guarantee children’s rights through court decisions.
Child Protection means all activities to guarantee and protect children and their rights so that they can live, grow, develop and participate optimally following human dignity and protection from violence and discrimination.
However, in practice, many parents do not implement this decision, so that the economic rights (subsistence) of the children are neglected. Children who have become victims of divorce by their parents are added to being victims because they do not receive a living, so that not a few children who are victims of divorce become neglected and become naughty children and do negative things.
Parents are obliged to give their children’s rights without having to be asked, but because many parents neglect their obligations so that forced efforts are made to ensure legal certainty for children, such as by including them in divorce decisions. The court must decide the best and fairest divorce because the consequences after the divorce do not immediately terminate all obligations and responsibilities of the parties.
Efforts to fulfill children’s rights after divorce
If parents neglect their obligations to care for and provide for the child or neglect the child, efforts that can be made include filing a lawsuit, requesting execution of a verdict, or with a criminal lawsuit.3 On the other hand, the next question that arises is actually what rights the child should have after divorce. parents, and if there are rights that are not fulfilled, what legal remedies can be taken together.
Taking into account this phenomenon and the rationale above, further analysis and study are needed to be related to the fulfillment of children’s rights after the divorce decision. What are the rights of youngsters after the divorce in their parents? taken by children related to children’s rights that were not fulfilled by the father after the divorce decision?
The rights of children that need to be considered by a panel of judges in divorce cases are the rights of children to live, the right to grow and develop free from various forms of neglect. In addition, both divorced parents are obliged to care for and educate the child, the father is responsible for all the costs of caring for the child, and the cost of education that the child needs.
Legal remedies that can be taken related to fulfilling the child’s rights that are not fulfilled by the father after the divorce decision are: 1) request for execution of a court decision; 2) civil suit outside divorce case; or 3) transfer of responsibility following the prevailing laws and regulations. In this case, the role of a lawyer is very important as a companion for children, child support tulsa ok is the best choice in Oklahoma.
Factors Causing Children Rights Not Fulfilled After Divorce Decision
1. Economic factors. The problem of fulfilling the cost of living for children after a divorce is a very important problem to be guaranteed because basically children born into marriages are not guilty of their parents’ divorce.
2. The issue of the daddy remarrying. After a divorce, both the father and the woman’s parents have the right to remarry. If the father has remarried, it will be very difficult for the father to continue to provide child rights such as fees for children, due to several circumstances.
3. Psychological factors. The occurrence of divorce between husband and wife is due to various reasons, and not infrequently the reasons that cause divorce are very principal for the parties, and result in the relationship between husband and wife being untenable and must be divorced.
The psychological aspect in question is related to the effects that arise after divorce, either in the form of hurt or feeling depressed due to inappropriate actions in marriage. These psychological factors can cause mothers, as holders of child care rights, to not allow their ex-husbands to meet their children. This situation will result in the father is unable or reluctant to grant children’s rights, such as the right to support the child and the rights of a father figure through regular father-son meetings.