Custody
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From Wikipedia, the
free encyclopedia Child
custody and guardianship are legal terms which are sometimes used
to describe the legal and practical relationship between a parent and his or
her child, such as the right of the parent to make decisions for the child,
and the parent's duty to care for the child.
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Following ratification of the United Nations
Convention on the Rights of the Child in most countries, terms such as
"residence" and "contact" (known as "visitation" in the United States) have
superseded the concepts of "custody" and "access". Instead of a parent
having "custody" of or "access" to a child, a child is now said to "reside"
or have "contact" with a parent. For a discussion of the new international
nomenclature, see parental responsibility.
Residence and contact issues typically arise in proceedings involving
divorce (dissolution of marriage), annulment and other legal proceedings
where children may be involved. In most jurisdictions the issue of which
parent the child will reside with is determined in accordance with the best
interests of the child standard.
Family law proceedings which involve issues of residence and contact often
generate the most acrimonious disputes. While many parents cooperate when it
comes to sharing their children and resort to mediation to settle a dispute,
not all do. For those that engage in litigation, there seem to be few
limits. Court filings quickly fill with mutual accusations by one parent
against the other, including sexual, physical, and emotional abuse,
brain-washing, parental alienation syndrome, sabotage, and manipulation. It
is these infrequent yet difficult custody battles that become public via the
media and sometimes distort the public's perceptions so that the issues
appear more prevalent than they are and the court's response appear
inadequate.
Forum shopping to gain advantage occurs both between nations and where laws
and practices differ between areas within a nation, The Hague Convention
seeks to avoid 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 places, courts and legal professionals are beginning to use the term
parenting schedule instead of custody and visitation. The new terminology
eliminates the distinction between custodial and noncustodial parents, and
also attempts to build upon the so-called best interests of the children by
crafting schedules that meet the developmental needs of the children. For
example, younger children 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. |
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