Child custody

Child custody and guardianship are legal terms which are sometimes used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child. Following ratification of the United Nations Convention on the Rights of the Child in most countries, terms such as "custody" and "access" or "visitation" have been superseded by the concepts of "residence" and "contact". Instead of a parent having "custody" of or "access" to a child, a child is now said to "reside" or have "contact" with a parent.

Legal issues relative to child custody rights

United States

New York State

Where there are children of the marriage residing in New York State and

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under the age of 18, a demand for custody is mandatory in divorce actions. Where the children reside outside New York State custody may not be determined, except in some instances by stipulation. Custody may not be awarded to a person other than the father or mother, except under unusual circumstances which require a hearing. Children under the age of 21 must be supported by both parents to the extent that they are able to support the children under the provisions of the Child Support Standards Act.

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See paternity for discussion of judicial recognition of filiation which may be necessary before custody or support may be determined.

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etc

European jurisdictions

General issues

Recognition throughout Europe of child custody orders is provided for by Council Regulation 1347/2000.

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Scotland

In 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.

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England and Wales

Germany

Other jurisdictions

etc

International jurisdictional issues and child abduction

The Hague Convention

The Hague Convention on the Civil Aspects of International Child Abduction is in force between many states.

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Research

15% of custodial parents in 2002 were men, unchanged since 1994 (cf. p.1). U.S. Census Bureau

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While 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

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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

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Of the 12 million one-parent family, 10 million are maintained by women (group excludes remarriage) (cf. p.8). U.S. Census Bureau

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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

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State Summary of Joint Custody and Shared Parenting Statutes by Children's Rights Council

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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

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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

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