| Family law |
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| Family |
Child custody, conservatorship and guardianship describe the legal and practical relationship between a parent and the parent's child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.
Custody issues typically arise in proceedings involving divorce, as well as in paternity, annulment, and other legal proceedings in which children are involved. In most jurisdictions the issue of with which parent the child will reside is determined in accordance the best interests of the child standard.[1] In rare cases custody may be awarded to somebody other than a parent, but only after the fundamental right afforded to biological parent's has been overcome or where the third party has an established role that is in the manner of a parent. When a child's parents are not married it is necessary to establish paternity before issues of child custody or support may be determined by a court.
Family law proceedings that involve issues of custody and visitation often generate the most acrimonious disputes. In extreme cases, one parent may accuse the other of trying to "turn" the child(ren) against him or her, allege some form of emotional, physical, or even sexual abuse by the other parent, the "residential" parent may disrupt the other parent's contact or communication with the child(ren), or a parent may remove the child from the jurisdiction in violation of court orders, so as to frustrate the other parent's contact with the children.[2]
Courts and legal professionals within the U.S. may use terms such as "parenting time" instead of custody and visitation.[3] The goal of the newer, alternative terminology is to eliminate the distinction between custodial and noncustodial parents, and to better focus on the best interests of the children by crafting schedules that meet the developmental needs of the children.[4] For example, small children may 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.
- ^ "Determining the Best Interests of the Child" (PDF). Child Welfare Information Gateway. Children's Bureau. Archived (PDF) from the original on 2015-07-18. Retrieved 16 May 2017.
- ^ Saunders, Daniel G. (Jun 2016). "The Need to Carefully Screen for Family Violence When Parental Alienation is Claimed" (PDF). Michigan Family Law Journal. 46 (6): 7–11. Retrieved 16 May 2017.
- ^ "Custody & Parenting Time (Visitation)" (PDF). California Courts. Judicial Council of California. Retrieved 16 May 2017.
- ^ Demo, David H. (2010). Beyond the Average Divorce. SAGE. pp. 67–68. ISBN 978-1412926850.