Family law |
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Family |
Sole custody is a child custody arrangement whereby only one parent has custody of a child. In the most common use of the term, sole custody refers to a context in which one parent has sole physical custody of a child. [1]
Depending upon the jurisdiction, custody may be divided into two components, legal custody and physical custody. [2] Physical custody relates to the child's legal domicile and where the child resides. [3] Legal custody involves the parents' participation in important life decisions pertaining to the child, such as significant medical decisions or where the child attends school. [4] It is not uncommon for a parent with sole physical custody to share legal custody with the other parent, but it is uncommon for parents to share physical custody while one parent has sole legal custody. [5]
Historically, sole custody was the most common form of child custody granted after divorce. [3] Since the 1980s, joint physical custody with shared parenting have become much more common, and in some jurisdictions there is a legislative preference or presumption in favor of joint legal custody, joint physical custody or both. Research indicates that children fare better in joint custody arrangements, or custody arrangements that allow a child to have good access to both parents. [6] [7]
Although women are granted sole custody more often than men, it is a popular misconception common in the men's rights movement that this is due to systemic bias; in reality it is because men infrequently contest or seek it. [8]
Divorce is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. It can be said to be a legal dissolution of a marriage by a court or other competent body. It is the legal process of ending a marriage.
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.
Legal separation is a legal process by which a married couple may formalize a de facto separation while remaining legally married. A legal separation is granted in the form of a court order. In cases where children are involved, a court order of legal separation often makes child custody arrangements, specifying sole custody or shared parenting, as well as child support. Some couples obtain a legal separation as an alternative to a divorce, based on moral or religious objections to divorce.
A single parent is a person who has a child or children but does not have a spouse or live-in partner to assist in the upbringing or support of the child. Reasons for becoming a single parent include decease, divorce, break-up, abandonment, becoming widowed, domestic violence, rape, childbirth by a single person or single-person adoption. A single parent family is a family with children that is headed by a single parent.
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 marital separation. 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. Most Fathers' rights advocates argue for formal gender equality.
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.
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.
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.
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.
Split custody refers to a child custody arrangement in which one parent has sole custody of one or more children while the other parent has sole custody of the remaining siblings. Split custody is rare, as it is thought that it is in the best to keep siblings together for mutual comfort, stability and support. Reasons for split custody can be child preferences for different parents or siblings that do not get along with each other. It is more common for older compared to younger siblings, and then usually at the request of one of the children.
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.
Edward Kruk is a Canadian sociologist and social worker. He has conducted internationally recognized research on child custody, shared parenting, family mediation, divorced fathers, parental alienation, parental addiction, child protection, and grandparent access to their grandchildren. Kruk is an associate professor of social work at the University of British Columbia. He is the founding president of the International Council on Shared Parenting.