Publication date: 04.02.2026
Inga Verdes is a UK-based lawyer with extensive experience in corporate, immigration, and international law. She specializes in company formation, residence permit support, business plans, and legal services for international entrepreneurs doing business in the United Kingdom.
The process of establishing child custody has its own specifics and depends on the child’s age, the parents’ marital status, the presence of shared property, and court decisions regarding residence and upbringing, as well as the relevant legal aspects of family law. Child custody can be established as voluntary custody by agreement of the parents or as court custody in cases of parental conflict, lack of agreement, danger to the child, or violation of the child’s rights. In any case, the child custody decision aims to ensure the best interests of the child, while respecting parental rights and parental responsibilities.
Question
How does the process of establishing child custody work?
Answer
If the parents reach an agreement, child custody can be arranged as voluntary custody by signing a corresponding agreement and submitting it to the court for approval. In the absence of agreement or in disputed circumstances, court custody applies, and the court reviews the case materials, including documents about the child’s health, place of residence, education, and each parent’s involvement in upbringing, taking into account the relevant legal aspects. The court determines the arrangements for residence, visitation, and participation in decision-making regarding the child, in line with parental rights and parental responsibilities.
Procedure for establishing custody in complex cases:
If there is danger to the child, the court may temporarily grant court custody to one parent or a third party until the case is resolved.
In complex situations involving parental conflict, it may be necessary to appoint a social worker, psychologist, or medical expert to assess the living conditions and safety of the child.
The court considers not only the parents’ wishes but also the child’s opinion if their age and level of development allow them to express an objective view of the situation, while balancing parental rights and parental responsibilities.
Important
To establish child custody, it is necessary to have documents confirming:
The child’s birth and health status;- The parents’ marital status;
- The presence of property that may affect the child’s support;
- Circumstances related to residence and upbringing, as well as other legal aspects of the case.
If one parent is abroad or has a different immigration status, child custody matters require separate legal evaluation and preparation of international documents. If either party disagrees with the court’s decision on court custody, they have the right to appeal or request a review of the case under new circumstances.
Question
What should you do if parental rights or the child’s rights are violated during child custody?
Answer
If one parent evades court orders, restricts the other parent’s contact with the child, or violates conditions related to parental responsibilities, it is necessary to contact a family law solicitor. A specialist can help:
Prepare and submit applications to the court;- Collect evidence of improper fulfillment of parental responsibilities;
- Initiate enforcement of court decisions on court custody;
- Challenge unlawful actions or inaction by the other party in line with the applicable legal aspects.
Main services provided by a child custody lawyer:
- Consultations regarding parental rights and parental responsibilities;
- Preparation and submission of documents to the court in cases of voluntary custody and court custody;
- Representation of the child’s and parents’ interests in court hearings related to child custody;
- Support during mediation and negotiations between parties in situations of parental conflict;
- Challenging court decisions in case of violations of parental rights or when there is danger to the child.
Typical situations where a lawyer’s assistance is needed:
Determining the child’s residence and visitation schedule within child custody;
Disputes regarding financial support for the child;
Conflicts when placing the child under temporary court custody of relatives or third parties due to parental conflict;
Violation of court decisions by one parent or unwillingness to cooperate in matters of child custody.
A family law solicitor ensures legal protection of parental rights and the child’s interests, taking into account all legal aspects of child custody. Professional support helps properly establish voluntary custody or court custody, ensures enforcement of court decisions, and reduces stress for parents and children. Timely involvement of a lawyer guarantees that parental responsibilities are fulfilled and that any danger to the child is addressed promptly.
