What You Need To Know About Child Custody Rights in the UK

Child custody is a pretty murky area. In the UK, the term usually refers to the child’s residency; that’s where the child’s primary residence will be after the parents break up. So the child custody law essentially gives rights to the individual(s) for taking care of underage children after a separation or divorce proceeding.

In most cases, you’ll find parents agreeing on joint residency. This divides the child’s time equally between the two parents. It also gives parents equal rights for participating in decision-making activities concerning their child.

However, if and when parents are not able to mutually agree on the child’s residency, the courts eventually take over and do the decision making on their behalf.

If you’re someone who’s trying to figure out the best option for your child post-divorce, carry on reading.

How are child custody cases decided?

Regardless of how bitter a dispute between a couple is, it’s always their first right to work towards an agreement and settle on a joint residency outcome. In cases where an agreement cannot be reached, each parent is evaluated independently in terms of how well they can take care of the child.

Joint residency is preferred

Joint residency is always considered the best option in terms of the child’s interests. However, there are currently no laws in place that explicitly declare a child should live with either parent. Therefore, when parents negotiate the child’s residency, they shouldn’t make assumptions. It’s important to look out for what’s best for the child, instead of trying to go for an arrangement that benefits one parent’s interest.

If you’re having trouble figuring out a joint residency arrangement, you can always seek help via solicitors. They can serve as mediators in your situation before the matter rolls over to the courts.

How can custody disputes be mitigated?

Custody disputes are quite common and tend to involve the child’s father and mother. In certain situations such as if a parent has died or has become incapacitated, a third party can step in to seek custody. Grandparents, uncles, and aunts are usually the common recipients of child custody in such scenarios.

No custody situations

Although it’s widely perceived that both parents should have equal custody of the child, in some rare situations, one parent may be barred from connecting with their child. This is a highly circumstantial situation and the court’s order can be reverted if a parent is able to prove their ability to care for the child.

Usually, it helps if the parents submit a custody arrangement to the courts along with their separation or divorce application. This gives the impression that the decision has been mutually agreed upon.

If you have any specific questions regarding children laws in the UK, you can always give us a call at 020 3417 3700 and book a consultation session.

At Wembley Solicitors, we pride ourselves in being able to cater to a variety of legal proceedings. We can help you in areas of family law, contract disputes, personal injuries and more!