Child Custody - An Overview
The child custody and visitation landscape has changed. There is a decades' worth of research on the impact of divorce on families to guide divorcing parents. At the same time, these couples face increased pressures from society and the courts to work together to solve custody issues during a time when they are at their deepest emotional distance.
Divorcing parents need to learn the child custody and visitation options that are available to them and the legal standards applied to the different options. They need to balance that knowledge against an unflinching assessment of their ability to work with their former spouse to make a fully informed decision about their children's future. Most divorcing couples are ultimately able to agree on custody and visitation issues without the need for a court order. Knowledgeable advice and representation from an experienced family law attorney often makes the difference in reaching a fair, mutually satisfactory agreement. When an agreement cannot be reached, success at trial may depend on the early involvement of a family law attorney with an established track record in contested custody matters.
Basic Custody Terms
Legally, the set of parental responsibilities regarding day-to-day care of the child as well as the rights to direct the child's
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Mediation is an alternative dispute resolution process where divorcing couples work with a specially trained neutral third party to try and resolve some or all of their disagreements. Couples may choose to reach mediated agreements on issues like child custody while keeping other issues like property division open for a judge to decide. Couples who resolve their custody disputes through mediation can include a provision in their final divorce agreement that makes it mandatory to return to as a means of resolving future custody and visitation
Per Reporter: Stephen (paternal grandfather) has custody of the children. A court order signed by Judge Alphonso (8/19/14) states that Timothy (victim’s father) & mother (unknown) should not have contact with the children. Jill spoke with Harrison County CPS who confirmed that the case has been closed. The mother lives in Indiana and is uninvolved. Timothy is a convicted felon and has been in and out of jail since the children were young. Timothy has returned to Stephen’s home less than a year ago. On the night of 9/28/17, Timothy slapped Brianna because she was smarting off to Stephen. Stephen and Brianna were arguing over homework. Brianna has a red bruise on her left cheek. Underneath Brianna’s left eye it’s red and bruised; however, the
The lawyers highly support a joint custody that would benefit the child. The lawyers argue the case on two different aspects.
As the court strives to put the child’s needs and best interests at the heart of decisions, so it expects of parents. Looking at proof of each parent’s ability and desire to provide for developmental needs and be active in the child’s life becomes part of the process. Evidence the court finds useful includes a parent’s:
Today, the subject about children custody is commonly discussed about. Children are often left to the hands of those who are thought to be “better.” A child’s environment and the care he/she receives is a major point in deciding where the custody of the child land. Many parents lose their children due to their “inability” to raise their child. A good amount of kids are torn away from their parent’s love and affection due to the parent’s financial status or other devastating reasons.
Child relocation laws and best practices in the United States vary from state to state. Child custody in Arizona is defined as “legal decision-making” for the child and visitation is known as “parenting time”. The term “child custody” is no longer used, effective January 1, 2013. The court can order one or both parties to have legal decision-making authority for the child(ren) and consider many factors, falling under A.R.S. 25-403. In the case of joint legal decision-making authority, both parents must work together to make decisions regarding the child. If one parent is granted sole legal decision-making authority, they make decisions about the child without consenting the other parent as long as it
Have a child and getting divorced? If so, the decision about custody can be the hardest part. Before you start the mediation process, it is important to know what type of custody arrangements are available and how they can be changed
Child custody disputes can be the most difficult, contentious element of any divorce, especially when the other party is using the child as leverage or a weapon. You may be convinced your former partner is an unfit parent, but without evidence, your allegations may not carry much weight in family court.
Jane and jack were not happy with their marriage and decided to get divorce. They decided to share legal and physical custody of their three kids which they think is the best for kids. “After a recent meta-analytic of thirty-three studies of custody, one researcher reported that children in joint physical or joint legal custody were better adjusted than children in sole custody” (C&B 201). Joint custody gives kids change to see the both parents and it also gives both parents chance to be involved with their kids’ lives. Both Jane and Jake knew “continued conflict between parents is one of the causes in children’s divorce problems” and they wanted their kids to adjust the divorce quickly and to do that they knew they had to be cooperative and get along well.
Mediation “provides a personalized approach to dispute resolution in which spouses have an opportunity to learn about each other’s needs” (Folberg, Milne, and Salem, pg. 8). It is a process in which the “participants formulate their own agreements and emotionally invest in its success” (Folberg, Milne, and Salem, pg. 8).
This is the most frustrating situation after the divorce. We will assist you in dealing such annoyed circumstances and acquire the right justice so that the child will get the proper love and care.
The recent developments in the law of parental responsibility is the wider range of individuals who can acquire it, and this has led some commentators to talk of a degradation in the meaning of parental responsibility.
With fault based divorce in the 1960s, child custody depended primarily on the child’s age. If the child was under seven years old, also known as the ‘tender years,’ the mother would receive physical custody. This was because of the belief at the time that women are good caregivers and it was their job to take care of the children at home. However, if the children were older, custody would be granted to the parent of the same sex. Sometimes judges would also award custody of children dependent on martial or sexual conduct of the spouses. When custody was awarded in this way, the presiding judge could be more focused on the rights of the parents than what is best for the child in that situation. Either way, it was quite noticeable that child custody was based on the judge and their opinion, which could change from case to case.
In the courts, the mediator has an essential role in the dissolution of marriages and relationships, especially when it comes to child custody. According to California Family Code 3161, the purposes of custody mediation proceedings are:
According to many the custody of a child should be determined with the best interest of the child in mind. However, it is not easy for a
Divorce is a plague that is destroying numerous families across the United States of America. Sadly, when husbands and wives divorce, the children are often caught directly in the middle. Throughout the years divorce has been becoming more and more common. In the 1920's it was a rare find to know a person whom had been divorced, today it is a rarity not to know of one who has been, or will be divorced. Divorce has numerous effects on the structures of families, and many devastating effects on the children that must experience it, although sometimes necessary, divorce radically changes the lives of adolescents and adults alike.