Child custody
Encyclopedia : C : CH : CHI : Child custody
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| Family law |
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| Issues affecting children |
| Paternity · Legitimacy (law)>Legitimacy · Adoption |
| Legal guardian · Ward (law)>Ward |
| Emancipation of minors |
| Parental responsibility |
| Contact (including Visitation) |
| Residence in English law |
| Custody · Child support |
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Following ratification of the United Nations Convention on the Rights of the Child in most countries, terms such as "residence" and "contact" (known as "visitation" in the United States) have superseded the concepts of "custody" and "access". Instead of a parent having "custody" of or "access" to a child, a child is now said to "reside" or have "contact" with a parent. For a discussion of the new international standards, see parental responsibility.
Residence and contact issues typically arise in proceedings involving divorce (dissolution of marriage), annulment and other legal proceedings where children may be involved. In most jurisdictions the issue of which parent the child will reside with is determined in accordance with the best interests of the child standard.
Family law proceedings which involve issues of residence and contact often generate the most acrimonious disputes. While many parents cooperate when it comes to sharing their children, not all do. For those that engage in litigation, there seem to be few limits. Court filings quickly fill with mutual accusations by one parent against the other, including sexual, physical, and emotional abuse, brain-washing, parental alienation syndrome, sabotage, and manipulation. It is these infrequent "super-heated" custody battles that make the news and sometimes distort the public's perceptions as to the prevalence of such disputes and the adequacy of the court's response.
Prior to the Uniform Child Custody Jurisdiction and Enforcement Act, when parents sought an advantage in a custody tug-of-war, they would move to a "friendly" jurisdiction (that is, a region with a history of rulings favorable to their position). However, after the UCCJA was adopted by all 50 states, family law courts were forced to defer jurisdiction to the home state, and this custody battle tactic lost favor.
Courts and legal professionals are beginning to use the term parenting schedule instead of custody and visitation. The new terminology eliminates the distinction between custodial and noncustodial parents, and also attempts to build upon the so-called best interests of the children by crafting schedules that meet the developmental needs of the children. For example, younger children need shorter, more frequent time with parents, whereas older children and teenagers can tolerate and may demand less frequent shifts, but longer blocks of time with each parent.
See also
- Child abduction
- *Hague Convention on the Civil Aspects of International Child Abduction
- Child custody laws in the United States
- Child support
- Divorce
- Family law
- *Family court
- **Family Court of Australia
- Joint custody
- Men's movement
- *Fathers' rights
- *Men's rights
- Parental alienation syndrome
- Parenting plan
- Paternity
- Residence in English law
- Shared parenting
- Shared residency in English law
- Stepchildren of the state
External links
- [American Psychological Association]
- [SPARC, a site covering divorce and child custody issues]
- [Hague Convention]
- [Divorce Effects on Children]
- [link] A German site, but in English, on child abduction
- [The American Coalition for Fathers and Children (ACFC)] -- Largest member supported shared parenting organization in the USA
- [DADS in FAMILY COURT] (US Case Law)
- [Child Custody Coach, providing information on child custody related issues]
- [All of Dr. Lowenstein's publications on the Parental Alienation Syndrome, Custody, Residence and Contact]
- [Teri Stoddard - Feminist4Fathers (and mothers) - Shared Parenting Advocate]
- [Shared Parenting Works]
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