Posted on: December 23, 2022 Posted by: AAA NeuFutur.com Comments: 0

Children are often central to the separation process. It’s often hard for parents to come to an agreement on where their children will live, which can lead to a long and drawn-out legal proceeding.

This can be very stressful for everyone involved, as are most matters regarding child law. However, if you understand how child custody works you can help to avoid a traumatic experience and perhaps come to conclusions outside of court.

The matter of child residency arrangements is often complex following a separation, and often involve a lot of high emotion. If parents can’t come to an agreement, then the decision will be made by a court. So, how does a court decide? Let’s delve in…

What Does Child Custody Mean?

Child Custody is a legal term regarding guardianship. Child custody determines the care, control, and maintenance of a child which a court can award to one of the parents following a separation proceeding.

The Four Types of Child Custody

There are four kinds of child custody, including:

 

Physical Custody

Physical custody relates to the physical place of where the child lives day-to-day. There can be sole physical custody otherwise known as the ‘custodial parent’ or joint physical custody. Joint physical custody means that the child spends equal time between both parents. However, courts prefer not to award joint physical custody as this can be disruptive for the child

As joint physical custody can cause a lot of disruption, the court often awards sole physical custody to one parent. This does not mean that the other parent is not involved in the bringing up of the child and is still expected to be part of decisions relating to the child regarding things like schooling, for example.

Legal Custody

Legal custody refers to the bringing up of a child and all the decisions involved with matters such as schooling, medical responsibility, and religious upbringing. This is a separate entity to physical custody of a child.

Though, in the same way physical custodies act, sole legal custody would mean one parent has complete control of the decisions. Whereas joint legal custody means both parents have the rights to have make decisions together. In fact, if joint legal custody is awarded and one parent tries to exclude the other from the decision-making process, they can be taken to court to resolve the matter.

Full Custody

Full custody is granted when a parent gets sole physical and legal custody of a child. However, this will only occur under specific circumstances including:

  • If a parent is unfit to raise the child
  • If there is a history of abuse or neglect
  • If the parent is in jail or has a criminal record
  • If the parent struggles to raise the child due to medical reasons

A court will only award full custody if they believe there is a risk to the child should they be in the care of the other parent.

Joint Custody

Joint custody incorporates joint physical and legal custody. Joint custody is only awarded if parents can agree to split the time with their children equally and fairly. If an agreement can’t be made, then the court will normally impose an arrangement on them which is in the best interest of the child.

What is Taken into Consideration When Courts Decide?

When making any decision about children, the court must take the children’s welfare as their paramount consideration. They will consider the following key factors when coming to a decision:

  • What the child wishes and how they feel about the situation – although this is reviewed more closely depending on the age of the child
  • Whether one parent can cater to the child’s physical, emotional, and educational needs
  • How stable the home is for the child and whether it’s likely to change
  • The child’s age, sex and background including cultural, religious or disability needs
  • If a child is at risk of abuse or neglect
  • The parents’ capabilities.

Does it Matter if You’re Married or Not?

It’s important to note that when a married couple separate, both parents have parental responsibility, which means they both have a say in where the children live. Whereas, with couples who aren’t married, the mother automatically has parental responsibility, so she has the sole decision.

Doesn’t seem fair to you? Well, since 2002, unmarried father can actually gain parental responsibility if they’re on the birth certificate. Unmarried fathers can also get parental responsibility through a parental responsibility agreement.

Making Child Custody Arrangements…

Of course, you don’t always have to go through courts for child arrangements. There are options such as mediation to help you and your ex-partner agree to terms. This is generally considered a much easier route for parents.

Whilst court proceedings might be necessary in some cases, it’s important to remember that the court will always favour what is in the child’s best interest. A self-assessment might be useful to do before going through court proceedings.

Please be advised that this article is for general informational purposes only and should not be used as a substitute for advice from a trained legal professional. Be sure to consult a lawyer/solicitor if you’re seeking advice on child custody. We are not liable for risks or issues associated with using or acting upon the information on this site.

Leave a Comment