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Commonly Asked Questions about Legal Child Custody Documents

The five main shared custody agreements Sole Residency. With a sole residency arrangement, the child/ren will have a primary home with one parent and there will be an agreement as to when they will spend time with the non-resident parent. Joint Residency. Birds Nest Parenting. Flexible Arrangements. Co-parenting.
Full Custody If the court deems the other parent to be unfit to raise the child, If the other parent has a history of abuse or neglect, If the other parent is in jail or has a criminal record, If the other parent struggles to raise the child due to medical reasons.
Both parents have an equal say in their childs upbringing and if the father has taken on their share of responsibility, as an equal, then they will have equal say when custody is decided. However, the Court has to weigh up which parent has taken responsibility as they should have, and which is the primary carer.
A fathers rights, therefore, are just as important as the mothers, and on that basis, the father has as much right to their child living with them for 50% of the time as much as the mother does. Generally, both parents have a right to care for their children and are equally responsible for their upbringing.
You can complete the C100 form yourself or this can be done for you by your solicitor if you have one. The form does not need to be completed by a solicitor but you may find it helpful for them to assist with the completion of the form.
Withholding a child from another parent is only possible if there is a risk to the child. If you believe someone poses a risk to your child, you can ask the court to make an order stopping them from seeing your child.
The 2-2-3 plan as well as the 2-2-5 plan are the two most popular shared child custody agreements. Both require alternating days with one of the parents. The alternating week arrangement, in which the child spends 1 week with either parent and the following week with the other, is also common.
The Welfare Checklist Criteria his physical, emotional and educational needs; the likely effect on him of any change in his circumstances; his age, sex, background and any characteristics of his which the court considers relevant; any harm which he has suffered or is at risk of suffering;