A Guide to Child Custody Rights and Parental Capability

Child custody is one of the most sensitive aspects of family law, especially in the context of separation or divorce. The welfare of children is always the top priority in these cases, and decisions about child residence are made with the child’s best interests at heart.

Keep reading to learn more about child custody rights and how parental capability is assessed, helping you understand what you can expect from the process.

What is Child Custody?

Child custody, also known as child residence or child contact, refers to the legal arrangement in which one or both parents are granted responsibility for the care, well-being, and upbringing of their child. In Scotland, this typically involves decisions about where the child will live, who will make important decisions on their behalf, such as those related to education and healthcare, and how time will be shared between parents.

How is Child Custody Decided in Scotland?

In Scotland, the court prioritises the child's welfare when making decisions regarding custody. The key principles that influence these decisions are:

• The child’s welfare: The court will always focus on what is best for the child, including their emotional, physical, and educational needs.

• The child’s wishes: If the child is mature enough, their wishes may be taken into consideration, although these are not the sole determining factor.

• The relationship with both parents: The court will evaluate the quality of the child’s relationship with both parents, considering how the parents interact with the child and each other.

• The ability of each parent: Parental capability plays a significant role in custody decisions. Courts will assess factors such as each parent’s ability to provide a stable and supportive environment for the child.

How Parental Capability is Assessed

When determining child custody in Scotland, the courts assess the ability of each parent to care for the child in a way that ensures their well-being and development, considering several key factors:

• Emotional Support and Bonding: The depth of the parent-child relationship and how emotionally supportive each parent is, as a strong, nurturing bond with both parents is critical for a child’s emotional and psychological well-being.

• Consistency in Routines: Each parent's ability to maintain regular routines (e.g., school, bedtimes, mealtimes), as a stable and predictable environment is crucial for a child's stability.

• Willingness to Cooperate with the Other Parent: The willingness of each parent to collaborate and co-parent effectively, including sharing responsibilities, respecting visitation schedules, and making joint decisions for the child's welfare, to provide a less contentious and more balanced environment.

• Evidence of Substance Misuse, Neglect, or Domestic Abuse: Any history of substance misuse, neglectful behaviour, or violence, as such issues significantly impact a parent's ability to care for the child safely, with the child’s safety and well-being being the court's priority.

Trusted Family Law Solicitors

At DJP Solicitors, we understand how emotionally charged and complex child custody matters can be. Our experienced family law solicitors are here to provide expert advice, support, and representation to parents in North East Scotland, ensuring that the best interests of your child are always the priority. Whether you need family mediation or seek custody arrangements, we are committed to helping you find a fair and practical solution.

For expert support with your child custody case, get in touch with the team at DJP Solicitors today!