Joint custody in the UK (or joint residence as it has been officially known since The Children Act in 1989), refers to the legal decision regarding where a child lives in regards to their parents’ home. Contrary to popular assumption, this does not require a 50/50 equal split, but instead is an agreement that the child lives with both parent.
What Does This Mean for Me?
To have it officially recognised by a court that a child lives with both parents means that both parents share parental responsibility. Legally, the advantages of having joint residency are fairly negligible, however the psychological aspect can be very important for both parents and all parties involved.
How is Joint Custody or Joint Residency Decided?
The focus for the court will always be the best interest for the child, regardless of the wishes of the parents. With the child’s needs as the priority, elements such as distance to school and friends and so on will be the main deciding point. Joint custody or residency is most likely granted and successful if the parents live fairly close to each other in order to make the move between the two homes as seamless as possible for the child.
How Does Maintenance Work with Joint Custody?
When day-to-day care is shared between the parents, the subject of maintenance and benefits will need to be discussed. If agreements cannot be amicably reached, then the matter will proceed to the courts and you’ll potentially need the expert help of a solicitor. You may need to provide proof of the time that your child spends with you and of any expense incurred by this, which could include clothing, food, and other bills.
If you’re unsure of what your rights might be in regards to joint custody, or would like to fight for joint residency, or require financial guidance regarding maintenance payments, speak to the expert team at Broadbents Solicitors. We have experts available to discuss all matter pertaining to joint custody in Alfreton and the surrounding areas. Call us today or visit your local office.
