Child custody and guardianship are the parent’s duty to look after the kid, and legal terms which are used to describe the legal and practical relationship between a parent and his or her kid, for example the right to make decisions for the kid.
Instead of a parent having “guardianship” of or “accessibility” to some kid, a kid is now said to “dwell” or have “contact” with a parent. For a discussion of the brand-new international nomenclature, see parental duty.
Home and contact problems usually appear in proceedings including divorce (dissolution of marriage), annulment and other legal proceedings where children may be involved. In many jurisdictions the problem of which parent the child will live with is decided relative to the desires of the child standard.
Family law proceedings which involve issues of contact and residence frequently generate the most acrimonious disputes. While most parents resort to arbitration to settle a dispute and work in regards to sharing their children, not all do. For those that participate in litigation, there appear to be few limitations. Court filings rapidly fill with reciprocal accusations by one parent against the other, including sexual, physical, and mental abuse, parental alienation syndrome, brainwashing, sabotage, and exploitation. It’s these infrequent challenging custody battles that occasionally distort the people’s perceptions to ensure that the issues seem more common than they are and become public via the media and the response of the court appear insufficient.
Forum shopping to gain advantage happens both between countries and where laws and practices differ between areas within a nation, 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 jurisdiction to the home state.
In some areas, courts and legal professionals are starting to make use of the term parenting schedule as an alternative to custody and visitation. The new language also attempts to build upon the best interests of the youngsters by crafting schedules that meet the developmental needs of the children, and eliminates the distinction between custodial and noncustodial parents. For example, younger children want shorter, more frequent time with parents, whereas older children and teenagers may demand less regular shifts yet longer blocks of time with each parent.