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All Journal AL-Ishlah : Jurnal Ilmiah Hukum Jurnal Poros Hukum Padjadjaran Journal Of Human And Education (JAHE)
Mau, Ellon Belwan Cornelius
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Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Jurnal Poros Hukum Padjadjaran

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REVIEW OF THE LEGAL IMPLICATIONS OF DIVORCE ON CHILD CUSTODY ARRANGEMENTS Mau, Ellon Belwan Cornelius; Rafael, Tontji Christian
Jurnal Poros Hukum Padjadjaran Vol. 5 No. 2 (2024): JURNAL POROS HUKUM PADJADJARAN
Publisher : Fakultas Hukum Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/jphp.v5i2.1639

Abstract

Divorce not only entails property division but also raises significant concerns regarding child custody. Courts often intervene to determine which parent is better suited to care for the child after divorce. This research aims to explore the legal implications of divorce on child custody rights and understand the factors influencing custody decisions between fathers and mothers, both individually and jointly. Employing descriptive analysis with a normative approach, the study utilizes secondary data from primary, secondary, and tertiary legal sources. Findings suggest that divorce can result in the loss of child custody rights due to neglect of parental obligations and immoral behavior, which may have contributed to the divorce. Additionally, judges consider various factors in determining custody, including the child's welfare, emotional connection with parents, and parental responsibilities. Factors such as parental presence in the child's life, financial support, and emotional interactions with the child influence custody decisions. Therefore, it is recommended that parents maintain positive relationships with their children, prioritize family unity, and actively fulfill their duties in providing protection, affection, and proper education.
Co-Authors Naatonis, Mathelda Rafael, Tontji Christian Rian Van Frits Kapitan