If you are in the process of starting divorce proceedings and you have minor children, it is important to understand the legal processes that will need to be established between you and your former spouse before the divorce starts or by the court if you cannot come to an agreement.
Legal Custody
One of the first things that will need to be determines is if both parents will share legal custody, or if one parent will have sole legal custody.
Legal custody grants you the ability to make decisions about how your children are raised. It gives you the ability to have make decisions, either on your own or together with your children’s other parent, about where your children will attend school and what type of religious upbringing they will have.
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
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
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
Proper chain of custody procedures is paramount for the law enforcement and prosecutors involved with the case. In fact, a mistake or oversight as simple and unintentional as forgetting to sign the name of the person who was testing or transferring the evidence has all the capability of having a case thrown out or the defendant may be found not guilty.
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.
DR4 Complaint For Custody Petition is a form intended to request the custody of a child due to various reasons not favorable to the child/ren. The petitioner must specify his/her relationship with the child and seek custody of the child based on the options provided in DR4 form. Attaching the most recent orders by the court/s is indispensable as an evidentiary proof of the cases mentioned in section 5 and 6 of DR4 form. You have to be very specific for mentioning the cause of the petition for the custody of the child/ren along with your choices of interactions of the child/ren with the other parties involved in some or the other way. The document DR4 also has the provision for seeking insurance and financial support for the child/ren through the court order. File form DR4, Complaint for Custody before the honorable judge of the Circuit Court in your county.
About 3 weeks ago, mom came from Texas to get the children. Mom said she has full legal custody. Dad had the children for a two month time period for 2-3 weeks. He wouldn't let the mother know the children's whereabouts. Dad had the children because mom asked him to step in and help enroll them in school, buy uniforms, and school clothes. Dad took the children and ran with them. He didn't enroll them immediately but when he did they went to Woolmarket for two weeks. He took them out and 3 weeks later enrolled Elizabeth at Bay St. Louis-Waveland Elementary, Haley at North Bay Elementary, and Alexis at North Bay Waveland Middle. Mom said she had to enroll Elizabeth at Bay St. Louis Waveland Elementary. When they did go to school, they only had one uniform to wear
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
To start the custody paperwork, I had to go to the clerks for the information which told me that I had to pay a starters fee of over two-hundred and fifty dollars. Luckily, I had a fellow friend with me who is a family advocate whom knew how to wave the fees. There is a massive amount of paperwork to fill out such as parenting time, financial assets, and responsibilities. The
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
As soon as the body is collected your job begins. To be a morgue supervisor you need a high school diploma or an equivalent as well as a year in the medical or health field. You must be able to lift up to 300 pounds by yourself for when you are moving the bodies. When dealing with bodies the supervisor has to understand how to use the chain of custody procedures. Cleanliness is key in this
(A) To reduce acrimony that may exist between the parties, (B) to develop an agreement assuring the child close and continuing contact with both parents that is in the best interest of the child, and (C) to create a settlement of the issue of visitation rights of all parties involved that is in the best interest of the child.
In sole custody, a single parent provides shelter and makes all important decisions for the child. In joint legal custody, the child lives with a single parent but decisions are agreed upon by both. Finally, in joint physical custody the child lives with each parent for equal periods of time and important decisions may be made by either one, or both parents (Furstenberg 32).