Family Law
Child Custody
Those who have experienced divorce or separation understand how difficult it is to make decisions on behalf of your children when they are at stake. Children are too young to make decisions on their own behalf which is why child custody becomes such an issue – who should look after them, and where should they live?
On top of child custody, parents need to agree on matters such as how much they will pay in child support each month or what their visitation rights are. Failure to arrange for these details could have serious consequences later down the line.
Our team of family lawyers will help you with the next steps in family law proceedings, such as child custody and financial arrangement. We can also provide support and advice during financial disputes which is a crucial aspect of separation. We understand that these decisions need to be made with care and consideration for all parties involved so that everyone has their best interests at heart – this includes the children’s welfare too!
Do I need to hire a family divorce lawyer for child custody issue?
The family divorce lawyer is a specialist in the law of marriage and civil partnerships as well as personal relationships that can sometimes lead to breakdown. A family divorce lawyer may also specialise in other areas such as protection from domestic violence, mediation or arbitration when an agreement cannot be reached between two parties about separation. The family solicitor will often guide you through all aspects of ending your marriage including child custody arrangements for children aged under 18 years old. For example, they might:
- assess how long it would take to reach any settlement if parents are not able to agree themselves about what’s best for them after their relationship has broken down;
- explain what happens next during disputes proceedings which could last many months or even years;
- provide advice on handling financial details based on the emotional and practical aspects of separation.
After a family divorce lawyer has helped you through the process, they’ll help to make sure that your settlement is carried out in an amicable way with no further legal ramifications.
What do I need to know about joint custody?
A parent with sole custody of his child has legal authority over all major life decisions: education, religion, medical care, and more. A joint custodian shares parental rights with the other parent and makes these kinds of decisions jointly–meaning both parties involved in any decision carry an unbiased interest in what’s right for the child.
Parents who share equal responsibility for raising their children can still agree between themselves how much time each of them should have – this could mean trading off every other week or month, having one family holiday per year together (like Christmas) and dividing all childcare duties equally once arrangements have been made. It may even involve making decisions about things like education and religion because different people might have very strong ideas on this point.
If parents can’t agree about the arrangements, they will need to go back to court for a judge or family member to decide.
What will happen at the court?
It’s rare that parents have to go through dispute proceedings if they can’t agree, but there are some circumstances where it could happen. This may be when one parent has abused the other or maybe their relationship with the children is really strained so a court will decide what would best suit them in all of these cases.
The law says that children are entitled to spend time with both parents so it’s important for the courts to decide where their residence will be. This is not always easy or straightforward though because there may be different opinions on what would make a suitable agreement. The court usually needs to know which parent has been the primary care-giver up until now in order to best make an informed decision about child custody.
The family solicitor can help you through this difficult process by advising on how your case is likely to fare and giving you any advice needed when dealing with such sensitive issues like child custody agreements.
Other considerations when it comes to child custody:
It’s best not to wait until the divorce is finalised before settling on these matters as it can be difficult with emotions running high when the case reaches a conclusion, especially where there are young children involved.
In cases of shared parenting, both parents usually agree who should stay in which home (as either main caregiver or secondary caregiver) according to their work hours so that they’ll only need one house but this isn’t always possible due to family size or other considerations. It may also involve more than two homes at certain times – for example during school holidays when the kids live with each parent alternately.
A divorce papers will include a custody agreement of some kind, and if there are any disputes about what should happen then one parent or both parents can take their dispute to court for resolution. Judges typically see evidence from each side during a hearing and make decisions based on this information. It’s also possible that an experienced family lawyer may act as a mediator, which means they won’t be testifying in court but instead help parties come up with mutually agreeable terms before taking it back to the judge for approval; finding out more about how mediation works could give you peace of mind when going through your own family law case!
FAQ'S
Frequently Asked Questions
What is child custody in the context of a divorce?
Child custody refers to the legal and practical arrangements for the care and upbringing of a child after their parents have separated or divorced.
Who determines child custody in the UK?
If parents cannot agree on child custody arrangements, the court will make a decision based on the best interests of the child.
What factors are considered when determining child custody in the UK?
The court will consider a range of factors, including the child’s welfare, their wishes and feelings (if they are old enough to express them), the parents’ ability to meet the child’s needs, and any risks or concerns related to the child’s safety.
What types of child custody arrangements are available in the UK?
Can child custody arrangements be modified after a divorce?
Yes, child custody arrangements can be modified after a divorce if there is a significant change in circumstances, such as a parent’s relocation, a change in the child’s needs, or a parent’s inability to care for the child.
Can grandparents or other relatives be granted custody of a child?
In certain circumstances, grandparents or other relatives may be granted custody of a child if it is in the child’s best interests and if neither parent is able to care for the child.
How are child custody arrangements enforced in the UK?
If a parent violates a child custody arrangement, the other parent can apply to the court for enforcement or a modification of the arrangement.
Can child custody arrangements be included in a divorce settlement agreement?
Yes, child custody arrangements can be included in a divorce settlement agreement. It is recommended that parents work with a solicitor to ensure that the agreement is legally binding and enforceable.
What is a Child Arrangements Order?
A Child Arrangements Order is a court order that sets out the arrangements for a child’s care and upbringing, including where they will live and who they will spend time with.
How can parents work together to create a positive co-parenting relationship after a divorce?
Parents can work together to create a positive co-parenting relationship by communicating respectfully, focusing on the child’s needs, being flexible, and seeking support and guidance when needed. Mediation services can also be helpful in resolving disputes and finding solutions that work for everyone involved.
Book A Consultation for your case
Book a consultation for your case with one of our family lawyers. Initial consultation £250 including VAT or 20-minute free conversation by telephone. You will be working with a specialist divorce solicitor who is dedicated to your needs from day one. Let us help you get through this tough time so that you can focus on moving forward with your life as quickly as possible.