Issues in Family
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DownloadIssues in the Family (Divorce)
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Introduction
Humans are the product of the relationship between the man and a woman (Foran, 2013). Parents help in nurturing children with the assistance of environmental factors. This factor evident that our generation is the product of the relationship that exists between a man and woman. This union forms the family as depicted by our societal norms and beliefs. Although, relations have become vital in our contemporary societies, they are very hectic to maintain and manage as individuals will always conflict each other (Arditti, 2015).
Family issues have overwhelmed the society, and, therefore, the legislative arm has enacted certain precepts to help curb this defect so as to have well-organized families. This step supports the fact that the outrageous family wrangles/problems will always affect the children both psychological and morally. Family issues are usually catastrophic as they do not result in any good for either party. They are characterized by depression, frustration, anger, shame, fear, and anxious feelings shown by the affected individuals.
Some of the significant examples of family issues/ problems may include divorce, separation, drug and substance abuse, financial problems, bullying, and harassment. What should be noted is that the intensity of these issues vary and not all the families experience such shortcomings. Ideological differences and trust conflicts are also factors behind this practice (Foran, 2013).
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This paper focuses on divorce as the outstanding family issue among the listed since it not only impact on the family relationship but also the criminal court system. It is insulting that most of the children that have encountered separation of their parent usually testify that it is the worst experience in their lives. Researchers have become cautious to review various texts on this issue that has somewhat reduced incidents of such cases.
Divorce and Family Relationship: According to Foran (2013) divorce gets defined as the painful and disorganized resolution of marriage. In account to the parliamentary system, the term gets defined as a dissolution of marriage presided over the court of law or any related competent bodies. It is one of the worst family issues that has challenged our present societies. Almost every individual has felt the pain of this issue either directly or having an idea about someone who has undergone the same. Divorce is one of the family issues that has impacted both the family setup and the criminal judicial system due to its dramatic consequences.
The Impact of divorce on Family: Works of literature have assessed the effects that are brought by divorce in a family setting and reflects how this issue relates to the well-being of children, economic and emotional effects on divorced couples. Arditti (2015) postulate that the number of separated families in U.S has immensely increased following the statistical data collected recently. He adds further that the intensity of the resultants impacts of divorce gets examined when one interviews the upset parents and children. This social change in family life affects the societal norms that get ascribed to the couples. Some of the significant impacts of divorce on the family are poor performance of children, little economic stability among the couples, depression, and loss of hopes and dreams as well as a drop in religious worship (Foran, 2013). For instance, children from divorced families have been subjected to the great depression, poor academic performance, and frequent conflict with the laws.
Garfinkel et al., (1992) also explained that these effects are seen immediately after the divorce especially among the children that hold significant attachments between them and their parents. The moment one of the parents decide to withdraw the parental care, children tend to develop stress and eventually depression that in turn affects their academic performance in school. According to Foran (2013) children of divorced families records poor performance in almost every discipline. The research depicts children as the primary victims that are suffering from this abuse. Results also show that children from divorced marriages are vulnerable to criminal cases as most of them end up incarcerated for have committed a crime. Additionally, divorce also impacts the religious worship of the family. For instance, Arditti (2015) projected that as much as the religious worship is instrumental in marriage, it drastically drops soon after the divorce commence.
Divorce also has economic impacts on affected families. According to Foran (2013) the household income rate usually decreases rapidly after the separation. He asserts that women have immensely suffered as they have difficulties in fulfilling their basic needs. This issue has elevated the poverty level of the affected women as shown by the US administrative database. The financial decrement will lower the living standard of either parent. This aspect in turn affects the children’s health and academic success.
Impacts of divorce on criminal justice system: Stuntman (2013) highlighted that divorce has also influenced the legislative actions of the affected nations. The literature has analyzed questions touching on what the lawyers /court have shown on divorce issues. Divorce litigation is a process that always ensure equality whenever such cases arise. However, many nations differ in the manner in which they handle divorce cases. Arditti (2015) asserts that the difference is as a result of the prior agreement between the spouses and the fact that a divorce is a personal decision made between the spouses. For instance, Jaconelli (2002) suggested that in some nation’s marriage laws have been revised following the drastic increased in divorce cases. Such changes have made it possible for only a few individuals to carry out the legal or civil marriage ceremonies.
Conversely, the changes have also made it possible to treat the marriage exercise with dignity and grandeur that it deserves as depicted by the laws of the land (Raynor, 2015). This strategy is meant to reduce divorce cases that have overwhelmed the contemporary societies. Another impact of divorce cases can get drawn from the increment of the lawyers in criminal and justice system of various nations. Legal professionals have been employed to handle the increasing matters on family separation cases. Such impacts have resulted in accurate judgment (Jaconelli, 2002). Therefore, full-time judges have been selected to handle these cases both at juvenile courts, family courts, and divorce courts.
Additionally, Arditti (2015) proposed that divorce cases have also impacted certain laws in the criminal and justice system. For instance, the alarming difference of property division that always occur between the spouses soon after the divorce has spurred adjustment in the court laws. Foran (2013) stated that criminal justice system in conjunction with the family court has enacted legislation that ensure the fair and equitable division of the property. The court treats all the marital properties as assets of both the man and woman. The proceedings get done under certain precepts that make the decision of the court to be held final. However, either party is free to have say in defense of some property that got acquired before marriage time (Stutman, 2013). The criminal justice system has also taken control in analyzing the child custody after family separations. Either parent has the access to children even after divorce. However, this gets dynamic when one consider societal norms that affect the same (Garfinkel et al., 1992).
Criminal and justice system has been affected by the rising cases of divorce and family issues making them recommend the two commonly used laws on custody. Jaconelli (2002) demonstrated that these includes the temporary and Exclusive care. Temporary custody grants a foreign individual with the privileges to have control over the child. Exclusive care ensures only one parent acquires the rights to access the child’s upbringing. However, some situations make the court propose the joint custody. This decision is only possible if both the parents can afford/ offer the parental care to the child. Ideally, family issues/divorce has impacted both the family setup and the judicial system of the nations affected (Foran, 2013).
Intervention measures to curb the divorce cases: Divorce cases are increasing worldwide causing a lot of negative impacts on the society (Wilkinson, 1998). Examples of interventions are talking, accepting differences, and having fun together, making plans, and seeking help when necessary. Getting help from external sources like friends, relationship counseling,
Mediation and attending workshops in communication, parenting and budgeting. Several interventions may benefit children in divorce that are clearly outlined by Roth (2013). The responses include lowering the instance of divorce by increasing marital happiness and stability.
The government should enact changes towards this by changing the tax code to favor married parents. Another intervention is by increasing the incidence of joint physical custody. It is beneficial because it keeps both parents involved in their children’s lives (Covich, 2012). There are programs like child support reform so that noncustodial fathers can pay child support. It boosts economic self-sufficiency of single mothers.
Therapeutic intervention for children and child-oriented interventions can also be done to benefit the child. Additionally, marriage precepts should be suggested towards the minimum age that an individual should attain to marry. This approach will lead to the revision of the wedding license and related laws as projected by Wilkinson (1998).
According to Wilkinson (1998) Parental education should also be taken in control. This strategy helps to ease the trauma that usually exist among the parents soon after the divorce that affects them in workplaces. More so, if possible, the family issues should be included in the school curriculum so as equip the children with the resultants effects of family divorce and prepare them psychologically (Wilkinson, 1998).
Preferred intervention measures: It is clear that family issues will not end as individuals always hold diverse ideologies in life. The best intervention that I can propose is parental educational program and children’s counseling. These mechanisms are the best since they impact parents with the need to look after the children even after the dissolution. Children in turn get counseled by groups so as to help them adjust from the depression and stress experienced after family divorce.
Conclusion
Notably, we cannot prevent a divorce from happening since marriage is a long-life commitment that every individual must attain. Marriage gets characterized by various issues that eventually leads to misconception between partners. Affected partners should, therefore, take prime responsibility before they decide to dissolve the ties. It helps in reducing the rates of divorce thus, reducing the adverse effects it causes to children and parents. It will also reduce the measures taken to protect children and various individuals when it comes to marriage issues. Ideally, divorce does not serve any functional significance in the society but rather a source of depression.
References
Arditti, J. A. (2015). Family problems: Stress, risk, and resilience. Wiley & Sons.
Das, C., & Ebooks Corporation. (2011). British-Indian adult children of divorce: Context, impact and coping. Farnham: Ashgate Pub.
Foran, H. M. (2013). Family problems and family violence: Reliable assessment and the ICD-11. New York, NY: Springer Pub. Co.
Foran, H. M. (2013). Family problems and family violence: Reliable assessment and the ICD-11. New York, NY: Springer Pub. Co.
Garfinkel, I., McLanahan, S., & Robins, P. K. (1992). Child support assurance: Design issues, expected impacts, and political barriers as seen from Wisconsin. Washington, D.C: Urban Institute Press.
Jaconelli, J. (2002). Open justice: A critique of the public trial. Oxford: Oxford University Press.
Raynor, S. L. (2015). Divorce in Virginia: The legal process, your rights, and what to expect. Addicus Books
Stutman, M. (2013). Divorce in New York: The legal process, your rights, and what to expect. Addicus Books.
Wilkinson, I., & Wilkinson, I. (1998). Child and family assessment clinical guidelines for practitioners (2nd ed.). London: Routledge.
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