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What is child custody?
What is child custody in the UK?
What is legal custody?
Is 'custody' still a legal term?
- Physical custody. This form of custody is regarding which parent the child lives with on a daily basis. Physical custody comes in two forms, which are
- Legal custody. Legal custody is separate from physical custody. As physical custody is regarding where the child lives, legal custody decides which parent controls the child’s upbringing.
- Full custody. In the UK, full custody refers to one parent receiving both sole physical and sole legal custody of a child. However, if full custody is granted to one parent, the other parent will likely still have visitation rights.
- Joint custody. When both parents share custody over areas of their children’s lives, it’s known as joint custody. There are three forms of joint custody, which are
Who has parental responsibility for looking after children, and how to apply for parental responsibility if you were unmarried to the mother or are not on the birth certificate.
- All mothers and most fathers have legal rights and responsibilities as a parent - known as ‘parental responsibility’. If you have parental responsi...
- A mother automatically has parental responsibility for her child from birth. A father usually has parental responsibility if he’s either: married t...
- If you’re not the mother, you can apply to court to get parental responsibility. You need to be connected to the child, for example as their father...
The term child custody was the phrase commonly used in the UK to describe the living arrangements of a child or children in the wake of their parents’ separation or divorce. In the Family Court the term custody is no longer used as it has been replaced by the term “to live with”
- Definition of Child Custody
- History of Child Custody
- Uniform Child Custody Jurisdiction and Enforcement Act
- Types of Child Custody
- Example Custody Situations
- How to Get Custody of A Child
- Common Ways to Sabotage Custody Or Visitation
- Related Legal Terms and Issues
Noun 1. A decision by the court as to which parent will have the care, custody, and control of a child. Custody may be assigned to one parent, or to both parents jointly.
As far back as ancient Roman law, children were viewed as property belonging to the father, who had the unilateral power to sell them, or enter them into slave labor. Mothers had no rights to their children, even if the father died. This possessive attitude continued through to 19th century English common law, in which fathers had the sole obligati...
The Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”) was enacted in 1997 to combat the issue of parents filing custody actions in other states, in an attempt to get around the jurisdictionand orders in the child’s home state. The UCCJEA states that a child is under the jurisdiction of the court in the child’s home state. The child’...
Parents navigating the mine field of child custody laws often become confused, as there are many legal terms bandied about. For instance, legal and physical custody are separate issues, visitation, rights to attend a child’s functions, and even financial support are issues decided by the court in the event parents cannot agree. The court-ordered cu...
Amicable Joint Custody Arrangement
When they get divorced, Marie and Edward decide to work out shared custody of their two children. Both parents work, but because Edward has moved across town, and Marie is staying in the family home, they decide the children will live primarily with their mother, where they can remain in their neighborhood school. The children will stay with their father every other weekend, as well as spending time with him two evenings a week until bedtime. Marie and Edward also share joint legal custody, c...
Joint Physical/Sole Legal Custody
Candy and John have a turbulent divorce, and cannot agree on issues regarding their 3-year old son. John argues about every daycare provider Candy proposes, and when he has their son for visitation, he often fails to return him as scheduled. In addition, friends report hearing John tell their son “Mommy is mean,” and “Mommy is bad, she makes Daddy sad.” When Candy asks the court for a change in custody arrangements, the judgedetermines that John is uncooperative, likely to disobey the custody...
Sole Custody/Supervised Visitation
When Helen and Zack divorce, Zack seeks sole custody of their daughter, stating Helen is an alcoholic, and leaving the little girl with her unsupervised would be dangerous. After speaking with the parents and the little girl, and after completing an investigation into the mother’s behavior, the court representative determines that the mother’s alcoholism indeed makes her unfit to care for the child. Zack is awarded sole legal and physical custody, and Helen is allowed to visit the little girl...
In situations in which the parents simply can’t agree on custody and visitation issues, they must go through the process of obtaining a court order. Most states use some form of alternative dispute resolution (“ADR”) or mediationto come up with a parenting plan before the matter is taken to the judge. During the ADR process, each parent submits a r...
Divorce and child custody often become hot-button issues when any relationship ends. Letting anger toward the other spouse get in the way of the parent-child relationship is a sure way to lose custody, or to get an order for limited visitation. Common mistakes include: 1. Alienation of Affection– occurs when one parent puts down or disparages the o...
Alternative Dispute Resolution – The resolving of disputes by means other than litigation. In a family court environment, this refers to mediation of custody and visitation.Child Custody Mediation – The process by which a court-appointed mediator helps parents reach a custody and visitation arrangement that is in the best interests of the child.Allegation– An assertion or claim that someone has done something wrong or illegal, typically made without actual proof.Sex Offender – A person convicted of a crime involving sex, including rape, molestation, and production or distribution of child pornography.Jul 5, 2023 · A great way to start is to look at the Welfare Checklist (it’s Section 1 of the Children Act) which details the criteria the court will look at when it is asked to make a decision (or order) about your children. The criteria are:
Child custody is a legal term regarding guardianship which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care.
Explore how child custody is determined in UK divorces, including joint custody, parental responsibility, and legal considerations. Learn about reaching agreements and when court intervention is necessary.
