Perebutan Hak Asuh Anak Sebagai Bentuk Pelanggaran Terhadap Hak-Hak Anak

Abstract

Divorce is the dissolution of a marriage as a result of a court ruling or legal action brought by one of the partners. Children must be "defended" through battle since they are seen as resources and things. Ironically, the execution process is extremely challenging until the child custody case has permanent legal force. study on legal concepts is one aspect of normative legal study. This study, which primarily employs qualitative methodologies, looks at the factors courts take into account while deciding custody. People are social beings. Humans have coexisted in social life with other humans since birth. When two people who meet certain standards live together, they are said to be married. that in the event of a divorce, if the child is less than twelve, custody will be awarded to the mother. According to Article 41 of the Marriage Law, the mother is granted custody of the child as long as the father continues to pay for the child's living expenses and tuition. Supporting and educating a child is not a requirement of being their guardian. Depending on the child's interests, both ex-husbands and ex-wives are obliged to provide for and educate their children. The husband and wife are in charge of paying for their children's education and upbringing. The mother may be ordered to pay by the court if the couple is unable to support the child. Whether the lady or the husband is in charge of the child's custody is decided by the judge.