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About Hufflepuffbookworm1990

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  • Birthday 08/12/1990

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  1. In a custody case, who is more likely to get custody of a child.

    It's between the maternal grandparents (non magical),  or the paternal uncle and aunt (the godparents) who have a son of their own and are magical.

    1. Aphoride


      It depends entirely on what you think the laws are, really. I mean, so being someone's godparent, legally-speaking, means absolutely nothing in terms of custody of a child. Equally, whether someone is paternally or maternally related doesn't make a difference either ;)

      The major factor is if your world's laws consider having magic to be a factor in determining the custody of a child. Tbh, I would think is unlikely for a legal system to consider magic as another factor when determining the custody of a child, simply because it'd be so difficult to maintain and get very convoluted quickly - you could end up tracing back to obscure relatives the child doesn't even know in that case, yk? If magic is not a factor, then it would most likely be the grandparents, assuming that they're healthy, financially able, etc. If the grandparents are not healthy, financially able, etc. then it would be the aunt and uncle. Generally speaking, though - there's no hard and fast rule to apply, or easy determination :)

    2. Hufflepuffbookworm1990


      Is there such thing as shared custody in the UK?


      Magic is necessarily a factor the grandparents do know about magic since their daughter was a witch (who is my OC's mother). 

      I haven't decided the backstory of the grandparents. 

    3. Aphoride


      Yes, but it's something which generally only happens between separated parents (so unlikely to be with grandparents and and aunt and uncle) and the people it happens with have to get on very well, live close together, etc. It's a complicated situation, because you can't disrupt the child's life too much, shunting them from place to place. 

      I mean would the judge have to consider magic as a factor when determining who has custody, in the same way as they would consider the opinion of the child, the financial ability of the prospective custodian to pay for the child, the health of the custodian (especially if they're older or have any medical issues/problems), etc.? Because if they do, then that would be a factor which might tip it to the aunt and uncle, because they're magical too. If not (and imo, I would say it's more likely from a legal perspective to not be a factor than to be a factor, but it is your world so it's what you think ultimately), then it would most likely be the grandparents. 

      Assuming, of course, that all four people are in good health, have no criminal history which would disqualify them (violence against domestic partners/children/young people, etc.), have enough money they can afford it, etc.  

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