Divorce is often an unpleasant process backed by a hard decision. Especially when there are children involved, child custody may become a subject of a bitter dispute between ex-partners. Sometimes the choice of dissolution of marriage is taken with previous dialogue about the child’s future residency. But unfortunately, it is not so easy to agree on that in every case.
In the UK, family law indicates that child custody is strongly related to residency because it states with which parent the child will live.
If there is no agreement on residency or joint residency, the court has to decide on behalf of parents. When the court gets involved, it is best to take legal advice from family law solicitors. They will help you solve the matter in the best possible way.
In this article, you will learn what rights and obligations you have as a parent when dealing with child custody.
Parenting Plan to Clarify the Arrangements
When making child custody arrangements writing a “Parenting Plan” is an obligation you and your ex-partner have to meet. It will help you to clarify the settlements you have made over your child’s future. The Parenting Plan works as a reference to go back to when you have doubts about what has been accepted. It is to help you focus on making arrangements that are in the best interests of your children.
Going to court and filing for divorce will probably force you to create a Parenting Plan because the judge’s responsibility is to operate by the best interest rule. This rule was established to protect children from experiencing high levels of stress during the divorce of their parents.
Joint Residency – the Preferred Solution
A joint residency enables both parents to participate in the care of their child or children. Parents are to decide amicably where and in what living arrangements the child would feel the best.
Shared parenting does not necessarily mean that the child is going to spend the same time with each parent. It rather refers to a situation where divorced people agree on shared parental responsibility, and the child lives with them at different times, for example, every other week.
The choice of joint residency is often made by parents who want to be fully involved in raising their children. The court always takes into account the best interests of the child.
Sole Custody
It is an arrangement whereby only one of the ex-partners has custody of a child. In this solution, only one parent provides a legal domicile where the child resides.
It is common for this parent to share legal custody with the other parent, but they can rarely share a physical one when sole custody is adjudicated. Legal custody includes the parents’ participation in meaningful life decisions about the child, such as serious medical decisions or the child’s going to a particular school.
Your Rights When Being a Victim of Domestic Abuse
Sometimes we deal with extraordinary cases when one parent is a victim of domestic violence or abuse. If it applies to you, you will not have to face your partner to mediate your child’s custody. Keep in mind that paying the application fee is something you do not worry about in a situation like this.
Victims of domestic violence can use the Child Maintenance Service. It helps arrange another parent’s payment of a child’s maintenance and is obliged to take action if the payments are not made.
Even if you have trouble finding the other parent, workers from the Child Maintenance Service will help you find them. You will need to work with them closely and provide them with the information you have about your ex-partner that could help in searchings because if they can’t be found, you will not be able to set up the case.
Summary
When you are no longer in a relationship with your ex-partner, you both need to take care of issues related to your child residency and living costs. Child custody states the legal authority over the child and the practical relationship between parents agreeing to the specific conditions. Following a parental breakup, child custody defines the division of rights and responsibilities between the couple.
The lack of conflict is something that helps children to heal after their parents’ breakup. If you can, try to provide your children with a calm living environment and make sure that things related to your divorce don’t bother them more than they have to.
It is not an easy process, but the help of a professional and your own research on the matter will help you navigate the legal pond of family law better.
