Custody

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Child custody or guardianship is a single state of child custody which can be divided into: Sole custody, joint custody and exclusive custody which are used to describe the legal and practical relationship between a parent and his or her child. This can include the right of the parent to make decisions for the child, the parent's duty to care for the child and other legal responsibilities.

Child custody is so broadly divided so that the best course of action can be taken in any custody battle. The best course of action is almost exclusively considered to be what is in the child's best interest. In any legal case this must be demonstrated to the court beyond their reasonable doubt so that the child's welfare can be virtually assured.

Though child custody laws remain broadly similar and unchallenged in all western nations, certain organizations are actively trying to change the custody law framework. It is unlikely, however, that these laws will change unless demonstrated to be insufficient in a court of law.

As mentioned previously, custody arrangements can be divided into two sub-categories:

• Exclusive custody, which grants custody to a single parent or guardian.

• Joint custody, which grants custody to both parents, and/or any two guardians.

These custody classifications are expanded by the allowance of visitation, which may be granted to the losing party in the case that exclusive custody rights are granted. This gives the party a set amount of possibly monitored time with their child on a scheduled basis. This, however, does not affect the actual custody status of the child.

Custody decisions may be challenged in most western unions. By providing sufficient evidence that the current state of affairs is not in the best interest of the child, a court may be persuaded to overturn a previous decision and declare a new custody status.

Though most divorces and separations are relatively simple matters in terms of the law, which generally aims to divide all assets and debts evenly, child custody can be more closely fought. Even in this situation, however, if both parents are responsible and capable of caring for the child it is highly likely that joint custody will be granted.

For advice and further reading on this issue, take a look at our other guides on joint custody and child custody laws.