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.
Shared parenting, shared residence, joint residence, shared custody, joint physical custody, equal parenting time (EPT) is a child custody arrangement after divorce or separation, in which both parents share the responsibility of raising their child(ren), with equal or close to equal parenting time. A regime of shared parenting is based on the idea that children have the right to and benefit from a close relationship with both their parents, and that no child should be separated from a parent.
The fathers' rights movement is a social movement whose members are primarily interested in issues related to family law, including child custody and child support, that affect fathers and their children. Many of its members are fathers who desire to share the parenting of their children equally with their children's mothers—either after divorce or as unwed fathers—and the children of the terminated marriage. The movement includes men as well as women, often the second wives of divorced fathers or other family members of men who have had some engagement with family law. Many members of the movement are self-educated in family law, including child custody and support, as they believe that equally-shared parenting time was being unjustly negated by family courts.
Shared residence, joint residence, or shared parenting refers to the situation where a child of parents who have divorced or separated live with each parent at different times, such as every other week. With shared residency, both parents have parental responsibility. Shared residency does not mean that the time the child spends with each parent must be equal.
Parental alienation is a theorized process through which a child becomes estranged from one parent as the result of the psychological manipulation of another parent. The child's estrangement may manifest itself as fear, disrespect or hostility toward the distant parent, and may extend to additional relatives or parties. The child's estrangement is disproportionate to any acts or conduct attributable to the alienated parent. Parental alienation can occur in any family unit, but is claimed to occur most often within the context of family separation, particularly when legal proceedings are involved, although the participation of professionals such as lawyers, judges and psychologists may also contribute to conflict.
Parental alienation syndrome (PAS) is a term introduced by child psychiatrist Richard Gardner in 1985 to describe signs and symptoms he believed to be exhibited by children who have been alienated from one parent through manipulation by the other parent. Proposed symptoms included extreme but unwarranted fear, and disrespect or hostility towards a parent. Gardner believed that a set of behaviors that he observed in some families involved in child custody litigation could be used to diagnose psychological manipulation or undue influence of a child by a parent, typically by the other parent who may be attempting to prevent an ongoing relationship between a child and other family members after family separation or divorce. Use of the term "syndrome" has not been accepted by either the medical or legal communities and Gardner's research has been broadly criticized by legal and mental health scholars for lacking scientific validity and reliability.
Joint custody is a court order whereby custody of a child is awarded to both parties. In the United States, there are two forms of joint custody, joint physical custody and joint legal custody. In joint physical custody, the lodging and care of the child is shared according to a court-ordered parenting schedule with equal or close to equal parenting time. In joint legal custody, both parents share the ability to make decisions about the child, regarding e.g. education, medical care and religion, and both can access their children's educational and health records.
Child custody is a legal term regarding guardianship which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of legal custody, which is the right to make decisions about the child, and physical custody, which is the right and duty to house, provide and care for the child. Married parents normally have joint legal and physical custody of their children. Decisions about child custody typically arise in proceedings involving divorce, annulment, separation, adoption or parental death. In most jurisdictions child custody is determined in accordance with the best interests of the child standard.
Richard A. Warshak is an American clinical and research psychologist and author. He is best known for his research and advocacy in the areas of child custody, shared parenting, and claims of parental alienation in the context of divorce. Warshak has written two books, The Custody Revolution, and Divorce Poison: Protecting the Parent-Child Bond From a Vindictive Ex, and the updated edition, Divorce Poison: How to Protect Your Family from Bad-mouthing and Brainwashing.
In family law, contact, visitation and access are synonym terms that denotes the time that a child spends with the noncustodial parent, according to an agreed or court specified parenting schedule. The visitation term is not used in a shared parenting arrangement where the mother and father have joint physical custody.
The National Parents Organization (NPO) is a 501(c)(3) non-profit charitable and educational organization in the United States that promotes shared parenting. The organization focuses on family court reform, research, and public education with the goal to make shared parenting the general norm for separated parenting.
Co-parenting is an enterprise undertaken by parents who together take on the socialization, care, and upbringing of children for whom they share equal responsibility. The co-parent relationship differs from an intimate relationship between adults in that it focuses solely on the child. The equivalent term in evolutionary biology is bi-parental care, where parental investment is provided by both the mother and father.
The fathers' rights movement has simultaneously evolved in many countries, advocating for shared parenting after divorce or separation, and the right of children and fathers to have close and meaningful relationships. This article provides details about the fathers' rights movement in specific countries.
A noncustodial parent is a parent who does not have physical custody of his or her minor child as the result of a court order. When the child lives with only one parent, in a sole custody arrangement, then the parent with which the child lives is the custodial parent while the other parent is the non-custodial parent. The non-custodial parent may have contact or visitation rights. In a shared parenting arrangement, where the child lives an equal or approximately equal amount of time with the mother and father, both are custodial parents and neither is a non-custodial parent.
A gatekeeper parent, in legal setting, is a parent who appoints themself the power to decide what relationship is acceptable between the other parent and the child(ren). The term is broad and may include power dynamics within a marriage or may describe the behaviors of divorced or never married parents.
Michael E. Lamb is a professor and former Head of the then Department of Social and Developmental Psychology at the University of Cambridge. In 2003 Lamb was the recipient of the 2003–2004 James McKeen Cattell Fellow Award from the Association for Psychological Science.
A contact centre is a neutral place where children of separated families can enjoy contact with their non-resident parents and sometimes other family members, in a comfortable and safe environment. Child contact services are classified into two distinct categories, supported and supervised. Its primary role is to support and promote contact between those parents, grandparents, guardians and children that do not have a Residence Order.
Joint custody is a form of child custody pursuant to which custody rights are awarded to both parents. Joint custody may refer to joint physical custody, joint legal custody, or both combined.
Malin Bergström is a child psychologist and scientist at the Karolinska Institute in Stockholm, Sweden. She is a specialist in studies concerning the effect on children with different child custody arrangements after divorce or separation. Using cross-sectional and longitudinal study designs, her research group has shown that children have better physical, mental and social outcomes if they live in a shared parenting arrangement compared to primarily living with only one parent.
Linda Nielsen is a professor of adolescent and educational psychology in the Department of Education at Wake Forest University. She has conducted research on the effects of shared parenting and on father–daughter relationships.
