Child custody in divorce is a complex and sensitive matter that often puts emotional stress on all involved. In this guide, we’ll take an in-depth look at child custody in the UK and answer the commonly asked question of who gets custody of a child in divorce.
Understanding UK child custody laws
Child custody in the UK is called “child arrangement orders.” The orders outline whom a child will live with and where, as well as how much time they’ll spend with each parent after divorce. The aim of child arrangement orders is to protect a child’s best interests, accounting for their emotional, physical and educational needs.
Child custody types in the UK
There are two types of child custody in the UK that are most common, joint custody and sole custody. Joint custody involves both parents sharing responsibility for their child’s care and upbringing. This typically includes decisions regarding healthcare, education, and other key aspects of their child’s life. Sole custody on the other hand, is when just one parent has primary control and care of the child.
Several other child custody arrangements exist as well, like legal custody and co-parenting. Each arrangement aims to answer the child’s best interests and considers various factors like the child’s individual needs, parent living situations, and parental capabilities.
Who has custody of a child in a divorce?
Joint custody is the most common option in the UK once parents divorce or separate. This means that the child separately spends equal time with both parents and that both parents participate in decision making surrounding the child’s care and upbringing.
However, in less amicable situations when parents cannot agree on the living arrangements for their child or children, it is left for the courts to decide.
When the UK family courts determine child custody, they will consider several factors, including the welfare of the child, their personal feelings and wishes and the how able parents are to provide for them and their needs.
If you have further questions about child custody, at Bennett Smith Solicitors, we can help. Experienced divorce solicitors in North Wales with a dedicated family law team, we are always ready to advice. Reach out to us today for assistance.