Child custody arrangements

Our child law solicitors can advise on any legal issue involving children. We’ll help you get the best for your child, whatever your situation.

Sally Powell, Bishop's Stortford

Child custody arrangements

A solicitor can help you get the best for your children during a divorce and also help you sort child custody issues and parental responsibility after your divorce. 

If you’re getting divorced, you and your partner need to agree who your children will live with. The legal language can sometime be confusing but ‘custody’, ‘residence’ and ‘living with’ all have the same meaning. In addition to who the child will live with, common child law issues a solicitor can help you work through include:

  • Parental responsibility after divorce.
  • Who pays child maintenance.
  • Enforcing child maintenance payments.
  • Where the children should go to school.
  • Parenting plans after the divorce.
  • Access to the children after the divorce.

Who has parental responsibility during a divorce or separation?

If you’re married, you will both have parental responsibility if you get divorced. If you’re unmarried the mother automatically has parental responsibility from the child’s birth. Unmarried fathers only get parental responsibility if their name is on the child’s birth certificate, have a Court Order granting it or a legally binding agreement with the mother.

What is a parenting plan?

A parenting plan is an agreement between divorced parents about how to raise their children after the divorce. Both parents need to agree to the plan. A parenting plan can be changed at any time, for example as the children grown up, provided both parents agree.

A solicitor can help you set up a parenting plan. If you need to create a parenting plan with your former partner, we can help you create one that protects your children’s interests.

Child maintenance payments and financial support

Regardless of who has parental responsibility, the non-residential parent is required to contribute financially to their children’s maintenance.

If the ‘paying’ parent is not paying child maintenance, a solicitor can help you take action to enforce the payments. This may be through a deduction of earnings request, where child maintenance payments are automatically taken from the paying parents’ wages or pension.

Friendly family law solicitors

Our child law solicitors can help make the divorce easier on you and your children. We're here to make sure that your child's best interests are represented throughout the process.\

We can help you agree:

  • where your children will live
  • how much time they will spend with each parent
  • financial support and child maintenance
  • grandparents' visitation rights.

What to do next

If you need legal advice about your children after a divorce, or a related issue, call us. A dedicated family law solicitor will outline your options and tell you how we can help.

Come in and see us for a FREE 30 minute face-to-face consultation about your options. Alternatively, if you want us to take a closer look at your situation, for a fixed fee of £150 + VAT, we can talk with you for up to 90 minutes.

Call our Family and Divorce Law solicitors on 0800 013 1165

For a free initial chat, at no obligation, or fill out our enquiry form and a solicitor will get in touch.

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