What Rights Do Fathers Have During Child Custody?

Dad And Son Smiling

Child custody arrangements can be extremely difficult to tackle when two people have gone through the ordeal of a divorce or separation.

The individual who will be granted responsibility for the care of a child is determined by child custody law in the UK. In most cases, child custody is granted to the mother, and the father has his contact rights and arrangements set out.

However, a number of organisations are trying to increase the prominence of joint custody in the UK to ensure that fathers are allowed greater contact with their children following a relationship breakdown.

In order to prevent confusion, the terminology surrounding custody is outlined below:

Custody

The well-known term ‘custody’ is now more commonly referred to as ‘residency.’ This term refers to the location of the children’s main residence following the break-up of that child’s parents.

Shared Custody

Shared custody is also known as joint custody, shared residency or shared parenting.

This type of custody allows the child to spend an equal amount of time with each parent. Shared custody also enables both parents to have equal involvement in key decision-making that will impact the child.

The courts will decide on which living arrangements are in the best interest of the child if the parents are unable to agree on a decision.

Shared Custody and the UK

As part of a new Children and Family Bill in 2013, it was announced: “Ministers intend to strengthen the law to ensure children have a relationship with both their parents after family separation where that is safe and in the child’s best interests.”

Shared custody is a highly popular choice throughout Europe and the USA. However, the adoption of joint custody arrangements has been slower to develop in the UK.

A number of organisations are working to increase the prominence of joint custody in this country.

Benefits of Joint Custody

Joint custody boasts a number of advantages for parents and children alike:

  • Both parties continue to share parenting responsibility.
  • Separated fathers can see their children regularly and are granted more involvement in their lives.
  • The children have two homes, which gives them more security and stability.
  • Children continue to have a real family life with both parents.

Standard Contact Order

Joint custody differs considerably from a standard contact order. With a standard contact order, one parent is granted the majority of the responsibility for the child.

The other parent, usually the father, is allowed to spend time with the children at the weekend or on selected weekdays.

Your Legal Rights

As the father of your children, you are legally entitled to have involvement in any major decisions which impact upon their lives.

If your wife has custody of the children, she is granted the responsibility for their everyday upbringing and she has the final say in any decision-making.

You have the right to be involved in any key matters such as medical or financial decisions that affect your child and you should seek appropriate advice if you are being denied this right.

Raising Joint Custody in Mediation

It should be stressed that although joint custody is currently not commonly adopted at present in the UK, it is an option that should be brought up within mediation sessions and discussed as a potential custody solution.

Numerous organisations are actively trying to increase the prominence of this type of custody in the UK and see it granted more visibility.

It is also becoming increasingly common to grant children the opportunity to say where they would like to spend their time, as opposed to having to make a definitive decision and choose between their parents.

Find out how much child maintenance you or your ex partner need to pay using our innovative child maintenance calculator.

If you require help or assistance with Child Custody, don’t suffer in silence, contact us today.

Last updated: January 16th, 2017

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