Fathers and Child Custody Laws in the UK – Glasgow Child Custody Lawyer

Fathers and Child Custody Laws in the UK – Glasgow Child Custody Lawyer post thumbnail image

Fathers are increasingly concerned about their rights as parents after separation or divorce. According to Glasgow Child Custody Lawyer legislation, married and civil partnership parents who were present during a child’s birth receive parental responsibility for that child.

This means that biological fathers automatically have the right to visit their children, although the rules can become complex if both parties are not married.

Family lawyer having a discussion with a couple

Parental Responsibility

Parental responsibility in the UK typically falls to mothers by default, but fathers can petition the courts for this role under certain conditions. When making their decision on who gets parental responsibility, courts take into account both a father’s level of commitment and emotional attachment to his child; additionally, they will consider any wishes that come from the child if he is old enough to express them.

Parents who separate can have difficulty agreeing on custody arrangements for their children, especially unmarried ones. A father with parental responsibility has the ability to participate in decisions regarding his child’s care and contact. Otherwise, he may seek an order from court; either way, he has every right to visit his child. It would be wise for him to first try to reach an understanding with their former partner regarding what this may entail if possible.

Joint Custody

Parents seeking joint custody can typically agree on an arrangement through a child arrangement order that details where and when their children will live and visit each parent.

Judges take many factors into consideration when granting joint legal or physical custody, including the child’s preferences (if old enough to express them), parental ability to provide care in an environment safe for the child, proximity between homes, and proximity of each parent to each other’s homes. Parents with joint legal custody will make major decisions together, while those with shared physical custody will divide up day-to-day tasks such as meal times and naps among themselves.

In the UK, all children have the right to see both parents, though English law tends to favour mothers when making decisions about visitation and custody arrangements.

Visitation Rights

As a father, you have the right to spend time with your children as long as the mother doesn’t restrict that access. A court can issue a “contact” order, which outlines custody arrangements for your child as well as overnight stays or overnight visits from you. Furthermore, residence orders allow children to live permanently with one parent.

When making decisions about custody and visitation arrangements for children, courts look at what is in their best interests. Courts encourage children to maintain active relationships with both parents; however, they will not grant custody to fathers who could compromise the well-being of their child(ren).

Child custody arrangements should always be settled outside of court whenever possible; however, this may not always be feasible. Courts have become increasingly keen on parties attempting Glasgow child custody lawyer agency and mediation as an initial step before going straight to court with their case.

Sole Custody

Sole custody describes an arrangement where one parent holds both legal and physical custody over their child(ren). They will be responsible for making decisions regarding their welfare while the noncustodial parent, often called noncustodial rights, is given visitation rights. While sole custody arrangements are uncommon, they can become necessary when one parent cannot adequately care for their children, or it would be unsafe for the children if living with either of their parents was found unsafe for the children.

Unmarried fathers enjoy equal rights when it comes to child custody matters; however, if an agreement cannot be reached, a court will make its determination on what arrangement would best benefit the well-being of your children. They will also consider whether it would be reasonable for an unmarried father to spend time with their children by applying for a “live with” order, and this will be noted on a Children’s Arrangement Order.