Child custody and guardianship are the parent’s obligation to take care of the child, and legal terms which are used to describe the legal and practical relationship between a parent and his or her kid, like the right of the parent to make decisions for the kid.
Following ratification of the United Nations Convention on the Rights of the Child in many nations, terms such as “residence” and “contact” (known as “visitation” in America) have superseded the concepts of “custody” and “access”. Instead of a parent having “guardianship” of or “access” to a child, a kid is now said to “dwell” or have “contact” with a parent. For a discussion of the international nomenclature that is recent, see parental duty.
Contact and home problems typically appear in proceedings including divorce (dissolution of marriage), annulment and other legal proceedings where children may be involved. In most authorities the issue of which parent the child will live with is determined relative to the desires of the child standard.
Family law proceedings which involve issues of dwelling and contact often create the most acrimonious disputes. While most parents join forces in regards to sharing their kids and resort to mediation to settle a dispute, not all do. For those that engage in litigation, there appear to be few limitations. Court filings rapidly fill with mutual accusations including sexual, emotional, and physical abuse, parental alienation syndrome, brain-washing, sabotage, and manipulation. It’s these infrequent yet difficult custody battles that sometimes distort the understandings of the people in order that the dilemmas seem more common than they are and become public via the media and the answer of the court seem inadequate.
Forum shopping to gain edge happens both between countries and where laws and practices differ between places within a country, The Hague Convention seeks to prevent this, also in the United States of America, the Uniform Child Custody Jurisdiction and Enforcement Act was adopted by all 50 states, family law courts were forced to defer authority to the home state.
In some areas, courts and legal professionals are starting to make use of the term parenting schedule rather than visitation and custody. As an example, younger children need shorter, more frequent time with parents, whereas adolescents and older children may require less regular shifts yet longer blocks of time with each parent.