Child Custody Rights

In the UK child custody law determines who should be responsible for the care and charge of a child, after divorce or separation. In the majority of cases parents opt for joint custody, which enables the child to spend an equal amount of time with each parent. This option also allows both parents to participate in any decision making which may affect the child. However, if parents are unable to amicably decide what living arrangement is best for their child, the courts will decide on their behalf.

Parent Vs Parent

Most bitter disputes between married couples end up in the divorce courts. Whilst this separation may affect the children most child custody law cases end amicably, with either agreed custody or joint custody as the outcome.

Access and maintenance payments from the non resident parent are also taken into consideration. In disputed cases each parent is individually assessed before a decision on which parent is given custody of the child, or children, is made.

Although child custody issues arise from divorce it is also a common concern in guardianship or any action that involves paternity rights. The best interests of the child is the standard that is emphasised in any issue directly involving children and their welfare and emotional needs.

Joint Custody

In the best interests of most children joint custody is considered to be the preferred solution. This choice of custody reflects the changes in society and takes into consideration work that mothers do outside of the home and a more hands-on approach of child care by fathers. By allowing both parents to have an equal share in the physical care of their child, or children, all legal rights connected to responsibilities and obligations to children are also divided.

Custody Disputes

Most custody disputes involve the child’s mother and father. However, in some cases a third party – a grandparent, for instance – may seek custody at the time of a parent’s death or incapacity. If a couple has never married making provisions for the care of their child may also develop into a dispute. Generally though a court will accept that a parent has the best opportunity to maintain the welfare of their child.

Unusual Circumstances

In some rare circumstances one parent may be permanently excluded from having any access to their child. However, the court has the right to change the decision at any point in time, should the parent’s circumstances change. The parent is able to re-apply for access at any time, and once an application is made the court may reconsider arrangements after examining evidence.

The Court Decides

The courts will generally accept custody arrangements that parents submit as part of their separation agreement. To ensure these arrangements serve the child’s interests the courts will review the plan. The role that grandparents, step-parents and other influential adults play in the child’s life will also be taken into consideration by the courts.

Changing Or Regaining Custody

Changing a child’s custody arrangements or regaining custody is possible. In order to support the change substantial evidence of the stability the child will have needs to be submitted. There are many other factors to consider, which may include relocation of a parent, stability of employment, integration of the child into the new environment etc.