Regardless of the legal status of the parents, child custody and visitation are complex issues. The parents may, for instance, be unmarried but have never did live around each other, a former cohabiting couple, married or divorced, or in a civil partnership. This blog examines the issue of child custody between unmarried parents.
Brighton Children’s Law Attorneys
For information regarding children’s law, parenting responsibilities, custody of children, or filing a request for a child arrangements order, please phone 0345 222 8 222 or fill out our online enquiry form. We can arrange a video conference, Skype, or phone meeting.
Who has guardianship of a child?
The UK’s children law does not automatically grant a parent custody of their child, regardless of whether they are a single or married parent. In the event of a custody dispute, however, any parent may petition the court for a child arrangements order.
A child arrangements order is similar to the old custody and visitation orders in that it specifies who the child should live with and the visitation schedule with the other parent or other extended family members.
A child arrangements order can be quite broad and state that there should be equal or shared parenting, or on the opposite end of the spectrum, that one parent should have no contact with the kid or only indirect or monitored contact with the child.
The court will issue a child arrangements order that the Solent Family Mediation Brighton believes is in your child’s best interests. In rendering his or her ruling, the judge will examine a variety of criteria. These criteria constitute the “welfare checklist.” The checklist includes a consideration of your child’s desires and emotions in light of his or her age and level of comprehension, as well as an evaluation of each parent’s ability to satisfy your child’s physical and emotional requirements.
When assessing the welfare checklist and what precise child arrangements order to make, the court will not place a great deal of weight on the legal state of the parents’ relationship. This is due to the fact that the criteria for what child arrangements order to create and who should have custody is based on what is in the kid’s best interests, not the connection between the parents.
Solent Family Mediation Brighton now believe that regardless of whether you are a married or single parent, the court must assess what custody and visitation arrangement best fits the interests of the kid. A mother and father may have been in an unmarried relationship for many years, and while you may believe that in such a situation the mother will have more “rights” over their child, a judge will make a child arrangements order, outlining the custody and visitation arrangements that he or she believes will meet the child’s needs. For example, a shared care order may be acceptable if the father is a loving parent who has always had a close relationship with the kid. In contrast, if one parent has been physically or emotionally abusive towards the kid, this would be a grounds to grant custody of the child to the other parent and to prohibit or limit the other parent’s contact with the child.
When it comes to Brighton children’s law, the court considers what is best for the kid and what is in the child’s best interests. This consideration pays little attention to whether you are married, single, or in a civil partnership; rather, it focuses on your child’s qualities and requirements. Consequently, in the eyes of the court, it is of far more importance that a parent desires and is able to commit to a long-term connection with their kid following parental separation than the legal status of the parental relationship.
If you are a parent involved in a custody or visitation dispute, children law attorneys will advise you to prioritise your child’s needs and best interests over the status of your relationship with the other parent. Thus, the court will be far more likely to issue the type of child arrangements order you want.
How can Brighton’s Solent Family Mediation assist?
At Solent Family Mediation Brighton, we recognize that every family is unique, so we welcome calls to discuss how we can assist yours, whether it’s an application for a parental responsibility order or a child arrangements order, or to discuss potential legal expenses of going to court for a child custody agreement. Call us at 0238 161 1051 or fill out our online contact form. We may arrange a video conference, Skype, or telephone consultation with an experienced Brighton children’s law attorney.