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Encyclopedia :
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CHI :
Child custody |
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Child custodyChild custody and guardianship are the legal terms used to describe the legal and practical relationship between a parent and child, including e.g. the right of the parent to make decisions for the child and the duty to care for it; it comes into question in proceedings involving dissolution of marriage, annulment and other legal proceedings where the residence and care of children are concerned. In most jurisdictions child custody is determined by the best interests of the child standard.In many proceedings to dissolve a marriage, issues relating to child custody generate the most acrimonious disputes. It is not uncommon for one parent to accuse the other of trying to turn the child(ren) against him or her, or of disrupting the parent's communication with the child(ren). In extreme cases, parents have taken children out of the jurisdiction, in violation of court orders, so as to frustrate the other parent's custody or visitation rights.
Legal issues relative to child custody rightsU.S statesNew York State Where there are children of the marriage residing in New York State and See paternity for discussion of judicial recognition of filiation which may be necessary before custody or support may be determined. etcEuropean jurisdictionsGeneral issuesRecognition throughout Europe of child custody orders is provided for by Council Regulation 1347/2000. ScotlandIn Scotland, issues relative to parental reponsibilities are dealt with under the Children (Scotland) Act 1995, which provides for the making of 'residence' (custody) and 'contact' (access) orders. These may be applied for by anyone with an interest in a child, not merely parents ( reference). The test in all cases is, under the statute, the best interest of the child. England and WalesGermanyetcOther jurisdictionsetcInternational jurisdictional issues and child abductionThe Hague ConventionThe Hague Convention on the Civil Aspects of International Child Abduction is in force between many states. Research15% of men are awarded custody, unchanged since 1994 (cf. p.1). U.S. Census BureauWhile 40% of children whose fathers live outside the home have no contact with their children, the other 60% had contact an average of 69 days in the last year. U.S. Department of Health and Human Services Divorced children raised by mother score lower on average than children with continuously married parents on measures of academic success, conduct, psychological adjustment, social competence, and long-term health outcomes. U.S. Department of Health and Human Services Of the 12 million one-parent family, 10 million are maintained by women (group excludes remarriage) (cf. p.8). U.S. Census Bureau 40% of the time children were maltreated by mother vs. 18% by father U.S. Department of Health and Human Services - Administration for Children and Families State Summary of Joint Custody and Shared Parenting Statutes by Children's Rights Council Men are much more likely than women to believe that two parents are more effective at raising children than one parent alone U.S. Department of Health and Human Services 87% of mothers and 73% of fathers reported that they hugged their children or showed them physical affection at least once a day. Similarly high percentages reported telling their children daily that they love them (cf Parenting). U.S. Department of Health and Human Services See alsoChild support Divorce Family law Fathers' rights Men's rights Parenting plan Parental alienation Paternity Shared parentingExternal links
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