Long Term Effects of Parental Divorce in Children

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ISBN : ********

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1

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$12

About

The divorce rate rose steadily in recent years, becoming a significant social problem. Many
studies showed that the divorce has negative impact on children, but there are many different
interpretations of the consequences of this situation on children’s lives. There is no doubt that
children are being affected by the sudden change in their familial environment as well as by
additional influences that accompany the divorce process. It is well recognized that the divorce
process affects the mental state of the children, including development of behavioral problems,
negative self-concept, social problems, and difficulties in relationships with the parents. Among
these children there is a higher frequency of depression, violence, learning and social
deterioration, and high risk for suicidal attempts. Research in recent years had shown that the
divorce process apparently affects also the state of physical illness in children. Based on clinical
and empirical studies in recent years, for most children, the traditional visiting arrangements are
out of date, unnecessarily restrictive, and do not meet the interests of the children themselves.
There are many advantages for children in separation and divorce situations when the children’s
living arrangements allow the caring fathers to be actively involved in the life of their children,
when there are broad visiting arrangements or even shared custody arrangements. In these
situations, there is a significant reduction in the negative aspects of the divorce process and there
is an objectively beneficial effect on children’s adjustment, which is also reflected from the
experience of the children themselves. We describe the situation in Israel and recommend the
appropriate management in these cases according to our experience and recently studies. This
Book is written with the objective that deals with the custody rights of parents as per the law of
the land. It specifically cites the custody laws irrespective of any religion and the role of
judiciary considering the principles in deciding the child custody matter and highlights the best
alternative ways of collaboration of parents for better future of children and their relationships
with parents. It also mention about the legal reforms in the guardianship and custody law in India
for the rights of the child in order to reduce those negative impacts on them and create a child-
centric approach. This book also helps to analyze the impact of mental health of the children,
who have to face the divorce of their parents and also help to understand the remedies to
overcome the hour of cries of such children.

Author

Dr. Ishita Chatterjee is the Associate Professor and Principal of ICFAI Law School, ICFAI
University Tripura, India, She has been in this profession since 2010. Prior to ICFAI University
she had been teaching at Department of Law, Allahabad University and immediately thereafter
she was appointed as Principal at Indian Institute of Legal Studies, West Bengal.
She has her research interest in various disciplines of law, which includes Human rights law,
Civil, Criminal law and Constitutional Law. She has collaborated actively with researchers in
several other disciplines of humanities and social sciences, particularly intellectual property
laws.
Dr. Chatterjee has authored forty academic research papers and twelve books under the
discipline of Law, which are some of the top most choice of students and academicians. She has
international books to her credit and those are considered as of high refereed value.
She has been the member of Board of Studies in Law, North Bengal University, Executive Editor
at IILS Law Journal, Official Journal of Indian Institute of Legal Studies and the Managing
Journal of ICFAI University.
She had been awarded from the Governor of West Bengal with North Bengal University Gold
Medal, Dibish Ch. Ray Memorial Gold Medal, P.K. Sengupta Memorial Gold Medal and Bibhuti
Bushan Memorial Gold Medal

Index

  • PREFACE OF THE BOOK
    ACKNOWLEDGEMENT
    OBJECTIVE OF THE BOOK
    GLOSSARY OF LEGAL TERMS AND PHRASES
    KEY TERMS
    INTRODUCTION
    CHAPTERIZATION
    CHAPTER 1: MARRIAGE AND FAMILY: THE FUNDAMENTAL SOCIAL
    INSTITUTIONS
    1.1. MEANING OF MARRIAGE
    1.2. MARRIAGE: A SOCIAL INSTITUTION
    1.3. MARRIAGE AS A COUNTERCULTURAL INSTITUTION
    1.4. SIGNIFICANCE OF MARRIAGE IN A SOCIETY
    1.5. MARRIAGE IS GOOD FOR SOCIETY- HOW?
    1.5.1. Benefits for Women
    1.5.2. Benefits for Men
    1.5.3. Benefits for Children
    1.6. MEANING OF A FAMILY
    1.6.1. Nexus of Marriage and Family
    1.7. MARRIAGE AND ITS IMPORTANCE IN INDIAN CULTURE
    1.8. OTHER NATIONAL AND INTERNATIONAL LEGAL PERSPECTIVE
    1.9. POST-MARRIAGE SCENARIO- CHILDREN BORN OUT OF MARRIAGE
    
    CHAPTER 2: PARENTS’ ROLE IN CHILD-REARING
    2.1. ROLE OF PARENTS IN CHILD UPBRINGING/CHILD-REARING
    2.2. STAGES OF CHILD DEVELOPMENT
    
     From Birth to Adolescence
    2.3. IMPORTANCE OF PARENT’S ROLE IN DEVELOPMENT OF A CHILD
    2.4. IMPORTANCE OF A FATHER IN A CHILD’S LIFE
     Fathers and Emotional Development
     Fathers Set the Bar for Relationship with Others
     Fathers and Their Daughters
     Fathers and Their Sons
     Fathers and Different Stages of Children
    2.4.1. Different Roles of A Father in Parenting
    2.5. IMPORTANCE OF MOTHER IN A CHILD’S LIFE
    2.5.1. Important Roles of Mother in Child Development
    
    CHAPTER 3:- DIVORCE AND ITS NEGATIVE CONSEQUENCES
    3.1. DIVORCE (DISSOLUTION OF MARRIAGE)
    3.2. DIVORCE LAWS IN INDIA
    3.3. AFTERMATH OF DIVORCE
    3.4. VISUALIZING CHILD CUSTODY BATTLE
    3.5. NATURE OF DIVORCE
    A. Divorce with mutual consent
    B. Divorce without mutual consent
    3.6. PANORAMIC VIEW-WHY MATRIMONIAL DISPUTES ARISE?
    3.7. EFFECTS OF DIVORCE
    3.7.1. Effects of Divorce on Society
    3.7.2. The Effects of Marriage and Divorce on Families And Children
    
    CHAPTER 4:- LONG-TERM IMPACTS OF DIVORCE ON CHILDREN
    4.1. CHILD CHARACTERISTICS
    4.2. NEGATIVE IMPACTS OF PARENTAL DIVORCE
    4.3. SHORT TERM AND LONG TERM EFFECTS ON CHILDREN
    AN APPROACH TOWARDS REDUCING NEGATIVE IMPACT OF DIVORCE
    
    CHAPTER 5:- CUSTODY RIGHTS OF PARENTS IN INDIAN LAW
    5.1. CHILD CUSTODY IN INDIA
    5.1.1. Kinds of Child Custody Arrangement in India
    5.2. CUTODY RIGHTS UNDER DIFFERENT RELIGION
    5.3. GENERAL CONSIDERATIONS BEFORE THE COURT WHILE THE
    CUSTODY OF THE CHILD IN A CASE
    5.4. CHILD CUSTODY DURING DIVORCE PROCEEDINGS
    5.5. RIGHT OF THE HUSBAND TO HAVE THE CHILD’S CUSTODY
    JUDICIAL ANALYSIS IN DETERMINING CHILD CUSTODY
    CHAPTER 6:- REFORMS IN GUARDIANSHIP AND CUSTODY LAWS IN
    INDIA
    6.1. THE HINDU MINORITY AND GUARDSHIP ACT, 1956
    6.2. THE HINDU MINORITY AND GUARDIANSHIP (AMENDMENT) BILL,
    2008
    6.3. THE HINDU MINORITY AND GUARDIANSHIP (AMENDMENT) BILL,
    2016
    6.4. NEED OF FRAMING NEW LEGISLATION TO FACILITATE JOINT
    CUSTODY OF CHILDREN IN A DIVORCED FAMILY
    6.5. RECOMMENDATION BY LAW COMMISSION
    6.6. REQUIREMENT OF JOINT CUSTODY
    6.7. ALTERNATIVE WAYS OF COLLABORATION OF PARENTS FOR BETTER
    FUTURE OF CHILDREN
    6.7.1. MEDIATION TO SAVE AND STAY MARRIED
    6.7.2. NEED FOR MEDIATION BEFORE DIVORCE PROCEEDINGS IN
    INDIA
    CHAPTER 7:- MARITAL EDUCATION
    7.1 SELF-SUFFICIENCY OF BOTH PARENTS
    7.2 CONCEPT OF JOINT CUSTODY
    7.3 DEVELOPING A FLEXIBLE PARENTING TECHNIQUES
    7.4 ADVISE OF COUNSELOR OR PSYCHOLOGIST
    7.5 ESTABLISH SUPPORT GROUPS OR THERAPEUTIC PROGRAMS
    
    7.6 COMPULSORY DIVORCE MEDIATION THROUGH FAMILY COURT
    
    LEARNING OUTCOMES OF THE CHAPTERS
    
    REFERENCES

ISBN : 978-93-87376-85-4

Features

  • This Book, “Long term effects of parental divorce on children” seeks to provide an overview
    
    of some of the social science findings related to the effects of marital disruption on children
  • The Book envisages Policymakers, scholars, legal and other professionals should
    
    contemplate and engage themselves in visualizing about the importance of marriage and
    
    the consequences of divorce to the parents by giving appropriate teaching and counseling.
    
     This Book aims to provide a better understanding of the possible effects of parental
    
    divorce according to the child’s age and how to lessen these negative effects through
    
    various solutions and sculpted to understand the consequences of separation of parents
    
    affects children in numerous ways.
  • This Book discusses the steps to reduce the negative impacts of divorce may require
    
    being comprehensive and especially customized to the needs and life conditions of the
    
    particular child interventions in a developmental approach.
  • The Book is designed keeping in mind the students of Law, academicians, Research
    
    Scholars and general public.