What Rights Do Fathers Have During Child Custody?


When two spouses are going through the difficulties of a divorce or separation, establishing custody arrangements may be difficult.

In the United Kingdom, a kid’s care is regulated by child custody regulations. Most of the time, mum has Custody, and dad has his contact rights and agreements established.

What Rights Do Fathers Have During Child Custody

In the United Kingdom, however, several groups are working to raise public awareness of joint custody for dads to spend more time with their kids following a relationship break-up.

A parent who has parental authority should have a say in major decisions that affect their child’s life, such as when the kid spends time with each parent and other vital people in his or her life. The following is a list of terms relating to custody:


Custody disputes are becoming increasingly rare. As a result of the high financial and emotional strain involved with custody fights, more parents are willing to negotiate a split-residence arrangement equally. Therefore, the phrase “custody” has been replaced by “residency,” which is a more accurate term. The children’s original home will be where their parents’ divorce concludes after it is finalized.

Factors Determining Outcome of Custody

The term “children’s best interests” is frequently used in connection with a child custody case or one that is about to begin. The Best Interests of the Child Standard, which is based on this concept, is frequently employed in cases involving parental rights and obligations.

The legal standard that must be met in the UK is defined differently in case law, but it is most often associated with common sense ideas and themes. The following are the four types of issues to consider:

  1. The historical perspective examines each parent’s contribution throughout the youngster’s life.
  2. Consider the parents’ situation before and after their kid’s birth.
  3. Concerns regarding the attitude or behavioural characteristics of each party; and
  4. It is a question of personal preference for the youngster (personal taste).

Shared Custody

Shared custody, sometimes known as joint custody, shared residency, or shared parenting, refers to the situation in which both parents have charge of their children.

Shared legal custody allows for equal access to both parents. Under shared legal custody, both mothers and fathers can have the same say in key child-related decisions such as education and religion. If the parents are unable to reach an agreement on the youngster’s future, a court will determine which living circumstances are in his or her best interests.

Shared Custody and the UK

In Europe, shared custody is quite popular. In comparison, joint custody patterns have taken longer to catch on in the United Kingdom. There are several campaigns being launched in the US to educate people about shared custody.

Benefits of Joint Custody

The following are a few of the benefits of shared parenting:

  • Both parents continue to split child-rearing responsibility.
  • Fathers who are separating have more access to their children and involvement in their lives.
  • The children have two homes, ensuring their safety and stability.
  • Both parents continue to see their children as genuine family members.

Standard Contact Order

A joint custody order differs from a standard contact order in several ways. The other parent, usually the father, generally has limited access to the children on weekends or select weekday evenings under a basic contact order.

Your Legal Rights

As the father of your children, you have a right to be informed about any important decisions that affect their lives. Your wife will oversee their day-to-day upbringing and will have the final say on any issues.

You have the right to know about any critical problems, such as medical or financial concerns that may affect your child, and you should seek expert help if you are being denied this right.

Raising Joint Custody in Mediation

Joint custody is not yet widely used in the United Kingdom, but it should be considered during mediation sessions and treated as a possible custodial alternative. Many organizations are trying to raise public awareness of this type of custody as well as its importance.

Increasingly, children are given the option of stating where they want to spend their time rather than having to make a clear selection between their parents. Our free child maintenance calculator will tell you how much child support you or your ex-partner are owed.

If you want assistance or support with Child Custody, please do not hesitate to contact Wilson Browne.


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