When a relationship breaks down, there are sometimes more than two hearts involved. Having children adds a whole unique and delicate layer of emotional complexity to the situation. Making the big decision of who gets custody is incredibly challenging, as one of the most experienced family law firms we understand the confusion and upset that can leave you feeling stuck. If you are looking for support to secure custody of your children in the UK, our expert family solicitors can help. Here we look at the different types of custody and the legal journey of putting custodial arrangements in place for the happiest, healthiest future of your family.
What is Child Custody?
Child custody is the legal term for who is given the rights and responsibilities of physically caring for a child and making the key decisions regarding their future up until the age of 18. This is more commonly known today as a Child Arrangement Order.
What Are the Different Types of Child Arrangement Orders?
There are four different types of child arrangement orders in the UK which are as follows;
Physical Custody
This refers to who a child physically lives with. There are two different orders that can be made. Either sole custody where they reside with one parent or joint, meaning the child will go between two homes. It is a difficult decision and carefully considered by the courts. Often a judge will endeavour to give physical custody to one parent. Having a secure living arrangement and sense of home is far more settling for children. As disappointing as this can be for the other parent, naturally the child’s wellbeing must remain the top priority
Legal Custody
Regardless of who is granted physical custody, legal custody determines who controls the child’s upbringing and includes important decisions like where they go to school, medical care and religion. This can be either sole or shared between both parents.
Full Custody
If a parent is given full custody, they are given both sole physical and legal custody of their child. Having full custody still allows the other parent to have visitation rights that can be put in place. However, a relationship has ended, if both parents are fit, have no criminal record and are emotionally committed to their child, sharing custody is favourable and often healthier for the future of the child in the long-term.
Joint Custody
There is no one size fits all approach with joint custody and the arrangement can be determined however the court sees fit. This could be;
Physical Joint Custody – Where both parents spend a significant amount of time with the children.
Joint Legal Custody – Both parents share the important decisions regarding a child’s upbringing.
Joint Physical and Legal Custody – This is where both the living arrangements and decisions regarding a child’s future and wellbeing are shared equally.
How Are Child Arrangement Orders Made?
The end of a relationship is already a horrible time for you and your ex-partner, sometimes emotions can get in the way of navigating a path forward. Children are extremely vulnerable and absorb a lot of what is going on around them. Following an application, a family law court can put in place a legally binding order that makes boundaries clear for all parties. To make a decision the court will consider factors such as;
- The child’s wishes
- The parent’s background and circumstances
- The ability of each parent to provide a stable and nurturing environment
These orders can be modified and updated at any time via application to the court. If you are in a position where you feel like you want to modify current arrangements, contact our family law firm today. Getting a secure arrangement in place as soon as possible regarding children’s upbringing is key to protecting their wellbeing.
How Can A Farani Taylor Family Solicitor Help?
 A family law expert like one of our experienced and compassionate solicitors can guide you through the complex legal process. As one of the best law firms in London, we pride ourselves on giving the advice and support that you need to get an outcome that puts the child’s interests at heart. As many of our solicitors are parents themselves, they are here to answer any questions you have and be your legal compass through this emotional and challenging time. To book a free consultation, get in touch today.
The Key Highlights
Deciding the custodial arrangements for your child’s future can be one of the most emotionally challenging times you go through as a parent. There are many different outcomes that a court can put in place depending on the circumstances. There is no one size fits all approach. Custody can be joint or shared, naturally a court will try to keep the living arrangements as stable as possible which often means physical custody being given to one parent. Legal custody can and is often shared and access arrangements can also be made. As a big-hearted law firm with family at heart, the team at Farani Taylor have some of the best family law experts in London and are a call away to give you the legal support you need. Ultimately, whatever custodial arrangements are put in place love endures and we will do all we can to make sure all hearts are protected.