Discussion
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
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She filed for custody after the mother was involved in a car accident and the child was placed under the grandmother’s care more frequently. Id. at 1212 The court found that the grandmother did show evidence of a child-parent relationship because this threshold requires a nonparent to care for a child on a day-to-day basis and have physical custody of the child for longer periods than weekends while the parent is working. Jensen, 168 P.3d at 1214.
In contrast, the case In Re Southard, 365 P.3d 1089 (2015), the court found that the nonparent should have custody of the child due to a child-parent relationship. In this case, the mother had married two men Southard and Larkins twice. Southard, 365 P.3d at 1092. The result of these multiple unions was three children. Southard, 365 P.3d at 1092. At the end the mother’s fourth marriage with Southard, he received custody of all three children including AR who was not Southard’s biological child, but Larkins. Id. The mother petitioned for custody, but custody was denied. Id. The court found that Southard had physical custody of AR for a year and had developed a child-parent relationship. Id. The court also decided that the time Southard spent with AR were not caused by custodial inference, but by the marriage of the mother and Southard. Id. at 105.
In our present case with the Trents and their nieces Heather and Erin, the threshold has been met. Ada and her husband
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
Mr. Simpson, a minor resident of California, is seeking to inherit from the estate of Mrs. Sweeney, decedent and resident of California at time of death, under the doctrine of equitable adoption. Mrs. Sweeney is the widow of Sam Sweeney (hereinafter called “Mr. Sweeney”), and the mother of Hannah Sweeney (hereinafter referred to as “Hannah”), the biological daughter of Mr. and Mrs. Sweeney (hereinafter referred to jointly as “the Sweeney’s”). Simpson interview, pg 3. In 2008, the Sweeney’s obtained formal custody of Mr. Simpson from the San Diego, Superior Court in California. Id. at 7. Mr. Simpson was eight at the time of obtaining custody. Id. at 4. The custody agreement awarded sole custody of Mr. Simpson to the Sweeney’s. During the time Mr. Sweeney was alive, Mrs. Sweeney attempted to talk Mr. Sweeney into formal adoption of Mr. Sweeney numerous time to no avail. Id. at 4. Mr. Sweeney did not believe in formal adoption of children, but nevertheless he continued to care for Mr. Simpson as he was his own child. Id. Mrs. Sweeney also spoke with an attorney about adoption while Mr. Sweeney was still alive. Id. at 5. During this time the Sweeney’s fed, clothed, and provided a home for Mr. Simpson without the financial support of others. Id. at 6. Mr. Simpson also went on vacations and took part in events, such as family pictures, that would form a familial relationship, and Mrs. Sweeney wore a “mothers ring” with Hannah’s and Mr.
That case was made insufficient because the father never had full custody of the child so therefore he could not begin to influence her own
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
Child custody have been an issue for many years but no clear rules have been established until approximately in the 1970’s. In the early colonial years, the arrangement was unappealing to children and their mothers and possibly doing psychologically damage. Luckily, history has evolved and children’s well-being has become a priority in divorce cases.
(c) If the child is actually residing with a grandparent in a stable relationship, whether the court has awarded custody or visitation to the grandparent or not,
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.
A married couple, both addicted to drugs, is unable to care for their infant daughter. She is taken from them by court order and placed in a foster home. The years pass. She comes to regard her foster parents as her real parents. They love her as they would their own daughter. When the child is 9 yrs. old, the natural parents, rehabilitated from drugs, begin court action to regain custody. The case is decided in their favor. The child is returned to them, against her will.
29) Plaintiff was order to be ready to come to work with 24 hour notice. This gave the Defendant no opportunity to see the Plaintiffs minor child. Children need fathers.
By means of applying the UCCJEA to a particular child custody case, one can look at the family of John and Suzy Johnson, and their one-year-old son, Joe. The Johnson family has resided in Virginia for all of little Joe’s life; Joe was even born in Virginia. However, recently John and Suzy have separated. Upon separating, John has decided to move to Texas and
The lawyers highly support a joint custody that would benefit the child. The lawyers argue the case on two different aspects.
The Father (Appellant) and Mother (Appellee) had a child together in 2004. The parents were never married. The child lived at times with each of the parents separately, and at other times with both parents together in the same
Procedural History: Plaintiff filed for divorce on January 2013 and sue for custody or visitation right to the child in Supreme Court, Suffolk County. The Supreme Court determined without a hearing that the plaintiff lack standing because she was not the biological or adoptive parent of the child and gave sole custody to the defendant. The Plaintiff appealed to the Appellate Division.
Sally Bright (Petitioner), filed for divorce and custody of 14 year old daughter, Chastity. John Bright (Respondent) also requested custody. The court ordered temporary custody of the minor child to Petitioner and visitation with Respondent every weekend. Petitioner will be moving to another part of the country to take a job.
What is your topic? My Topic is Both parents should assume equal responsibility in raising a child.