Child custody, also known as child visitation, is an ethical term in relation to guardianship that refers to the legal and physical relationship between a parent or legal guardian and a child in the care of another person. This relationship may be established through marriage, civil union, or any other binding agreement between adults that assuming responsibility for a child.
In the UK, there are three fundamental laws that govern child custody law: the Family Law Act, the Mental Capacity Act and the Family Law Regulations. While the Family Law Act regulates the legal aspects of the relationships defined within the act, it does not make specific provisions relating to custody or any right to custody issues.
Generally, the judge will require that a parent to submit to him or her a parenting plan. A parenting plan is designed to outline the time and mode of allocation of physical custody (custody and access) between the parents, and also entail the set aside of other parties (if applicable). Once the judge has ordered the submission of a parenting plan, the parents are then required to submit relevant documents to the court.
The first document; that needs to be submitted is the divorce decree itself. In the case of a divorce, the divorce decree contains all details regarding the division of property, child custody and other issues that affect the dissolution of the marriage. The divorce decree is also the key piece of evidence that would be required by the courts in the process of proving child custody rights for one of the parents. Therefore, it should be completely reviewed and signed by both parents before it is filed with the court.
The second document; that is important for the process of child custody is the schedule of shared decisions. The schedule outlines shared decisions between the parents that are necessary for their children’s welfare. The schedule should list important decisions regarding the education of the child or children, medical care and medical expenses, and religious upbringing. These are the most important decisions that need to be made by both the custodial parent and the noncustodial parent during the course of the divorce process. This schedule will ensure that the child receives proper education and medical attention in a safe environment. It also helps establish the financial status of each parent.
The third and final document; is the custody order. A custody order establishes the specific responsibilities of each party involved in the divorce. It also establishes the specifics of how each parent will have authority over the children in the event of a divorce. The schedule includes the names and addresses of the child custody evaluators, who will evaluate the child custody situation and provide an impartial opinion as to which parent will have custody. It also specifies the amount of time each parent will have to spend with the children, the names of any professionals who will be involved in the custody proceedings and the stipulations regarding the parenting plans.
Creating a child custody schedule; is one of the most important decisions that must be made during the course of a divorce. Without these important decisions being made, the stability of the home environment and the emotional well-being of the child can be seriously threatened. In addition to the schedule itself, it is important to discuss important decisions concerning the child’s health and education with your child custody attorney so that all of the best options are explored.
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