Child Custody Differences

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

Reynolds (2004) stated that five out of every six custodial parents are mothers, and he goes on to say that one out of three of those custodial parents receives a full payment averaging about five thousand dollars. Often times a judge makes the decision to grant custody to the mother based on the idea that a mother has a closer relationship with the child because of giving birth. However, it is important to remember as Smith (2003) reminds us that fathers love their children just as much as mothers, and to call them non-custodial parents is offensive. Often times when parents get divorced the mother has been a stay at home mom and the father has been the primary bread winner so, when a mom is awarded custody as you can imagine it becomes very difficult for her to balance the children and the one (or more) jobs that she has to work in order to support the family.

Joint Legal Custody is the most common and is described as that both parents have the rights to make major decisions for the child. This is includes education, religion, and health care. This is also called Co-parenting. The set back to this arrangement is that both parents will not be able to agree on certain decisions that need to be

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 1997 the National Conference of Commissioners on Uniform State Laws (NCCUSL) created the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to replace the Uniform Child Custody Jurisdiction Act (UCCJA), which was created in 1968. Like the UCCJA, the new and improved UCCJEA served the purpose of “deter[ing] the removal or kidnapping of children, eliminat[ing] interstate jurisdictional competition, and prevent[ing] states from relitigating custody decisions from other states.” (Ehrlich, p. 411) Since its creation, the UCCJEA has been a major go-to reference for Courts in all states except Massachusetts and Vermont, who have not yet adopted said act, when considering the technicalities of jurisdiction for child custody cases.

The lawyers highly support a joint custody that would benefit the child. The lawyers argue the case on two different aspects.

A divorce is usually an emotionally draining experience, and it can include lots of tension and stress as well. Strong emotions bring strong words, though, and those words may hurt your case in child custody proceedings. It doesn’t matter what your relationship with your

In conclusion, this paper has addressed the controversial issue that face the court when it comes to the controversy on the time-honored question should/or should not the court allow children to testify in child custody cases. Also, to sum it up that the BICS has a lot of weak points that needs to be changed when it comes to child custody. However, there are mores states that have their own option about children testifying in custody cases.

Physical custody involves a parent living with the child or children. A common trend among divorced families in New York is one spouse spending time with the children on weekdays while the other spouse stays with them over the weekend. Even if a parent is not living with a child he or she should have legal rights i.e. having an influence on important decisions regarding the

At My Austin Detectives, we also know that there is no better important thing than your kids and your human rights to be blameless in your suspicions of a dishonest spouse or an illegal divorce. All of the court actions, such as divorce, child custody, divorce modification, and extinction of parental rights can have severe effects on your human rights as a parent, leaving you in a condition that your kids can be lost or withdrawn from you.

Child custody lawyers are actually family law lawyers whose specialization includes helping their clients to negotiate their children's custody. These lawyers are generally preferred in cases involving children mostly post divorce. The Custody lawyers help the client with negotiations with the other party involved. They are mainly called to settle things between divorcing or already separated couples. They also help negotiating other terms and conditions involved with child custody like the visiting frequency of the other parent.

Legal custody covers who makes the decisions for the child in regards to religion, education, and medical needs. When joint legal custody is issued, the parents must work together to make these determinations as they arise. If there are disagreements, the parenting plan will often suggest mediation for parents to collaborate and do what is best for their

Legal custody, including the right to make decisions regarding education, health care and religious upbringing

Because each family arrangement is bound to be different, custody options come in many forms. The following are just a few common arrangements divorced couples can utilize:

Going through a divorce is always a difficult experience, especially when children are involved. Not only do child custody disputes present extremely complex legal situations, they may inflict permanent psychological trauma on the children you're trying to protect if allowed to get out of hand. For over 20 years, Israel B. Garcia, Jr., Attorney - Abogado, an experienced family law and divorce attorney, has been helping couples throughout the Houston area navigate these challenges and reach agreements while minimizing friction within the family.