|
Child custody and legal guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the child to make decisions 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the Child in most countries, terms such as "residence" and "contact" (known as "visitation" in the United States) have superseded the concepts of "custody" and "access". 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. For a discussion of the new international nomenclature, see parental responsibility. Residence and contact issues typically arise in proceedings involving divorce (dissolution of marriage), annulment, and other legal proceedings where children may be involved. In most jurisdictions the issue of which parent the child will reside with is determined in accordance with the best interests of the child standard. Family law proceedings which involve issues of residence and contact often generate the most acrimonious disputes. While most parents cooperate when it comes to sharing their children and resort to mediation to settle a dispute, not all do. For those that engage in litigation, there seem to be few limits. Court filings quickly fill with mutual accusations by one parent against the other, including sexual, physical, and emotional abuse, brain-washing, parental alienation syndrome, sabotage, and manipulation. It is these infrequent yet difficult custody battles that become public via the media and sometimes distort the public's perceptions so that the issues appear more prevalent than they are and the court's response appear inadequate. Forum shopping to gain advantage occurs both between nations and where laws and practices differ between areas within a nation, The Hague Convention seeks to avoid this, also in the United States of America, the Uniform Child Custody Jurisdiction and Enforcement Act was adopted by all 50 states, family law courts were forced to defer jurisdiction to the home state. In some places, courts and legal professionals are beginning to use the term parenting schedule instead of custody and visitation. The new terminology eliminates the distinction between custodial and noncustodial parents, and also attempts to build upon the best interests of the children by crafting schedules that meet the developmental needs of the children. For example, younger children need shorter, more frequent time with parents, whereas older children and teenagers may demand less frequent shifts yet longer blocks of time with each parent. ==Forms of custody== *Alternating custody is an arrangement whereby the child/children live for an extended period of time with one parent and an alternate amount of time with the other parent. While the child/children are with the parent, that parent retains sole authority and responsibility over the child/children. This type of arrangement is also referred to as Divided custody. 〔"Types of Child Custody - Co-Parenting Tools" ()〕 *Shared custody〔See ''The Determination of Child Custody in the USA'' () written by Joan B. Kelly, Ph.D. for Stanford University〕 is an arrangement whereby the child/children live for an extended period of time with one parent, and then for a similar amount of time with the other parent. Opposite to alternating custody, both parents retain authority over the child/children. *Bird's nest custody is an arrangement whereby the parents go back and forth from a residence in which the child/children reside, placing the burden of upheaval and movement on the parents rather than the child/children. *Joint custody (''la garde conjointe'' in French〔See the document published by the Canadian government (here ). The document is also available for download (here )〕) is an arrangement whereby both parents have legal custody and/or physical custody. *Sole custody (''la garde exclusive'' in French〔) is an arrangement whereby only one parent has physical and legal custody of the child/children. *Split custody (''la garde divisée'' in French〔) is an arrangement whereby one parent has full-time custody over some children, and the other parent has full custody over the other children. *Third-party custody is an arrangement whereby the children do not remain with either biological parent, and are placed under the custody of a third person. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「child custody」の詳細全文を読む スポンサード リンク
|