Child Custody Plano Research Paper

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.

In the 1970’s, when the divorce rates rose and the single parent household was at large, the courts started considering different types of child custody arrangements. The three types: Sole custody, joint legal custody, and split custody, which became the norm and is still practiced today.

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

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.

In order for nonparents to gain custody of children, they must establish a child-parent relationship; they must be able to rebut the presumption that the legal parent acts in the best interest of the child. Or.Rev.Stat. §109.119 (2015). The nonparents can rebut this presumption by proving that the legal parent is either unwilling or unable to care for their child. Id. The petitioner for custody is or has been the child’s primary caretaker. Id. If relief is denied the circumstances will be detrimental for the child. Id. The legal parent has fostered, encouraged or consented to the relationship between the children. Id. Lastly, the legal parent must unreasonably deny or limit contact between the child and the petitioner. Id. The

I decided to go through the courts to determine custody because of several reasons. The first reason was because my son’s father was on the birth certificate and, the police stated that if he took my son from me, it would be considered kidnapping. So, it was in essence to protect my son first. Secondly, it was part of the process of getting child support as well as my restraining order. The restraining order was done through the civil courts and, the originally gave me full custody temporarily until the actual custody process could begin. While, I was planning on going through the custody court at some time, I had to begin the process early because of several court standards. Before I was able to put my son on CCAP, I had to put his father on child support or else I would be noncompliant with their orders. Also, with the severity of the reasons for the restraining order, the judge believed that it was necessary for me to begin it immediately. But, going through the process, I understand why many young mothers like me do not go through the courts to deal with this manner.

The custody arrangements originally decided on are not set in stone. They can be modified for the following reasons.

Divorce hurts wives and husbands. Grieving the dreams of what could have been and hashing out the reality of what is cuts deep. While divorce impacts all parties involved, Florida courts strive to protect those caught in the middle - the children. This noble position can be muddied by various factors, but Florida law works to make solutions to custody issues clear.

All too often parents separate and leave their children in a difficult situation. Thankfully, the United States judicial system has many thorough approaches to such situations that serve the purpose of ensuring that the children who become subject to having separated parents live the best lives possible. A prime example of such an approach can be found under 19-A M.R.S. §1653(3). This Maine Revised Statute outlines various factors regarding the standard that is set in place to determine the best interest of a child. In most all cases, this standard is used prior to reaching a final judgment as to where a child should live, where a child should attend school, who a child should spend the majority of their time with, and so on and so forth.

To understand custody laws, you must consult first the court of jurisdiction. It is because custody laws vary from state to state. For example, a non-custodial parent needs to file a lawsuit against the custodial parent who does not follow the visitation rules

reach a compromise. A skilled legal team needs to be able to help the parents communicate and reach reasonable arrangements that are in the best interest of the children as opposed to what will irritate the non-custodial parent the most.

(1.) “Joint physical custody means each of the parents will have significant periods of physical custody. In other words, both parents will have more or less continuing contact with the children.” (1.) “Sole legal custody means one parent shall have the right and responsibility to make decisions about the health, education and welfare of the children.

In fact, the fate of the child after a divorce, and not 'how much child support will I have to pay' should be the prime concern of parents going different ways. Family lawyers can appropriately guide couples on how to prevent the child from feeling lonely after the separation. They also play a crucial role in determining child custody. The court, by itself, cannot decide which of the two parents is better suited to win the custody of the child. A family lawyer however, with his/her insight and argument, can enlighten the court on this matter. They can present the right information, such as the child's affinity and expenses, as well as the history of violence of either parent to lead the court in the right direction.

Gather information about the other party or caretaker or to transmit documents, information, or personal possessions;