Child custody in the context of "Ratification"

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⭐ Core Definition: Child custody

In family law, child custody describes the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of legal custody, which is the right to make decisions about the child, and physical custody, which is the right and duty to house, provide and care for the child. Married parents normally have joint legal and physical custody of their children. Decisions about child custody typically arise in proceedings involving divorce, annulment, separation, adoption or parental death. In most jurisdictions child custody is determined in accordance with the best interests of the child standard.

Following ratification of the United Nations Convention on the Rights of the Child in most countries, terms such as parental responsibility, "residence" and "contact" (also known as "visitation", "conservatorship" or "parenting time" in the United States) have superseded the concepts of "custody" and "access" in some member nations. 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.

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Child custody in the context of U.S. state

In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sovereignty with the federal government. Due to this shared sovereignty, Americans are citizens both of the federal republic and of the state in which they reside. State citizenship and residency are flexible, and no government approval is required to move between states, except for persons restricted by certain types of court orders, such as paroled convicts and children of divorced spouses who share child custody.

State governments in the U.S. are allocated power by the people of each respective state through their individual state constitutions. All are grounded in republican principles (this being required by the federal constitution), and each provides for a government, consisting of three branches, each with separate and independent powers: executive, legislative, and judicial. States are divided into counties or county-equivalents, which may be assigned some local governmental authority but are not sovereign. County or county-equivalent structure varies widely by state, and states also create other local governments.

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Child custody in the context of Divorce

Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. It can be said to be a legal dissolution of a marriage by a court or other competent body. It is the legal process of ending a marriage.

Divorce laws vary considerably around the world, but in most countries, divorce is a legal process that requires the sanction of a court or other authority, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation / access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person.

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Child custody in the context of Family Justice System of England and Wales

The Family Justice System of England and Wales is a branch of the Courts of England and Wales that deals with disputes within families through family law. Disputes are resolved in the family magistrates court and in the Family Division of the High Court. The matters considered by the court include those arising from marriage, divorce, financial payments following divorce, protection from domestic abuse and the risk of domestic abuse, child custody matters, adoption cases, cases surrounding artificial insemination, and the medical treatment of children.

Legislation creates some obligations of the state to children, disputes involving such matters are dealt with by public family law.

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Child custody in the context of Runaway (dependent)

A runaway is a minor or (depending upon the local jurisdiction) a person under a specified age who has left their parents or legal guardians without permission.

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Child custody in the context of Child support in the United States

In the United States, child support is the ongoing obligation for a periodic payment made by an "obligor" (or paying parent or payer) to an "obligee" (or receiving party or recipient) for the financial care and support of children of a relationship or a (possibly terminated) marriage. The laws governing this kind of obligation vary dramatically state-by-state and tribe-by-tribe among Native Americans. Each individual state and federally recognized tribe is responsible for developing its own guidelines for determining child support.

Typically the obligor is a non-custodial parent. Typically the obligee is a custodial parent, caregiver or guardian, or a government agency, and does not have to spend the money on the child. In the U.S., there is no gender requirement for child support; for example, a father may pay a mother or a mother may pay a father. In addition, where there is joint custody, in which the child has two custodial parents and no non-custodial parents, a custodial parent may be required to pay the other custodial parent.

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Child custody in the context of Family court

Family courts were originally created to be a Court of Equity convened to decide matters and make orders in relation to family law, including custody of children, and could disregard certain legal requirements as long as the petitioner/plaintiff came into court with "clean hands" and the request was reasonable, "quantum meruit". Changes in laws and rules have made this distinction superfluous.

Family courts hear all cases that relate to familial and domestic relationships. Each US state and each country has a different system utilized to address family law cases including decisions regarding divorce cases.

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Child custody in the context of Parents' rights movement

The parents' rights movement is a civil rights movement primarily interested in human rights affecting parents related to family law, including child custody. Parents' rights are connected to parental responsibility and right to family life.

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