Shared Parenting and Family Law

Parents tend to think of child custody in terms of their right to spend time with, and make decisions for, their children, but in another respect the courts consider it an obligation. Your children have a right to expect support from both of their parents, in whatever form that may take, which is why the parent who does not receive full custody is usually required to pay child support.

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.

Additionally, courts are shying away from the older method of “awarding custody” to one parent at the expense of the other. Courts will try to find a fair balance between parents, and if the court senses that you are trying to “horde” custody or gain too much control, they will likely rule against you.

§1653(3) in order to determine what Paxton’s best interest is in connection with all the other factors present in his life. When applying this statute to Paxton, Judge Thomas considers the following: Paxton’s age; the relationship Paxton has with his parents and any other persons who may significantly affect his welfare; the duration and adequacy of Paxton’s current living arrangements and the desirability of maintaining continuity; the stability of any proposed living arrangements for Paxton; the motivation of both Melissa and Andrew, and their capacities to give Paxton love, affection and guidance; Paxton’s adjustment to the his present home, school and community; the capacity of both Melissa and Andrew to cooperate or to learn to cooperate in child care; the methods for assisting parental cooperation and resolving disputes, and Melissa’s and Andrew’s willingness to use those methods; the capacity of Melissa and Andrew to allow and encourage frequent and continuing contact between one another and Paxton, including physical access; the effect on Paxton if only Melissa or only Andrew has sole authority over Paxton’s upbringing; whether or not there is any existence of domestic abuse between Melissa and Andrew, in the past or currently, and how that abuse affects Paxton’s

From my research when dealing with child custody there are four different types of issues and those four have incommon is that it’s a custody battle over a child or children. The first type is legal custody where the parent has the right to make decisions about the child's upbringing, The second type is physical custody where the parent has the right to

The legal system in Australia is continuously evolving and reforming its laws to achieve justice for all members in society. However, contemporary family law issues such as: domestic violence, surrogacy, and same-sex relationships have raised community awareness as important social affairs and the impacts affecting all family members. Therefore, the law along with countless non-government organisations are working towards achieving justice for the modern day Australian family and all it’s members. These are three perfect examples of areas of the law that could be responded to more effectively due to the rapid developments and conflicting ethical views in these areas; impacting on the most vulnerable in our society

This proposal will not be biased or contain a hypothesis. The research questions include but are not limited to: 1) Have any

This research paper focuses on the fundamental rights of every father for custody of his minor children. The parental “ physical care and control” of a minor child is termed to as custody (Nestor, 2011).Logically, anyone’s first instinct would probably be to reply that fathers should not be allowed same custody rights as traditionally believed that the mother is the main ‘caregiver.’ Following instances divorce or children born out of wed-lock, Several Fathers are currently struggling to gain custody of their children. Fathers remain the underprivileged when it comes to young children disputes, despite their earnest efforts to gain custody of their children. The system has strained fathers’ attempts as they can be allowed to pick their children up for shorter periods now and then, provided it does not interfere with the mother’s new life. Though mothers are the best parents in most cases, fathers too have equal capabilities and should be legally entitled custodial rights to their young children. The case of custody rights should be reviewed more in depth and also from a legal standpoint as both fathers and mothers are equal, and qualify same rights under the law.

Co-parenting amicably can sometimes seem impossible, but doing so is one of the best ways to provide children of divorced or separated parents with stability and a close relationship with both of their parents. There aren’t many who would claim that accomplishing this feat is easy, but most would agree that it is worth it. Parents who are able to put aside their relationship difficulties in order to co-parent agreeably for their children often do so under great stress, but stress associated with co-parenting will decrease as time passes in almost every instance. In order to accomplish this admirable challenge and develop a cordial working relationship with your ex for the sake of your children, you have to remember to remain calm, be consistent and avoid or quickly resolve conflict.

As the war on equality continues to rage, let’s add the equality of parents to the fight. Women talk of equality at work, men talk of equality at paternity leave, fathers should be fighting for equal laws considering how child caregiving is changing. Courts should consider changing the default minimum custody time to a more equal shared custody time, that would keep the child seeing both parents. The use of mediation has been proven to be a valuable resource for disputing couples to resolve differences they may have. Another tool that would assist the courts in these difficult decision is the evaluation. An evaluator is able to learn about the family and is better educated to determine what the best interest of a child would be, allowing

I don’t think that there is a blanket type of custody arrangement that works best for children in general. Like the book says, when judges grant custody the assess the situation and relationship between the child and parents on a case-by-case basis which I agree with. However, the books also says that overall children benefit from contact and closeness with both biological parents. Based on this, I would say that joint custody would be the best arrangement. Though, I don’t think that sharing custody is necessarily essential to a “good divorce.” As a child of divorce I can speak from some experience. When my parents first got divorced I lived with my mom and visited with my dad about every other weekend. Having to move back and forth between

Legislation has been proposed in a number of areas regarding laws that would mandate equal parenting time even though practical application makes it clear that equal parenting time is not always in the children’s best interest. The vigorous debate taking place nationwide regarding the status quo for legal decision making and parenting time will continue as some attempt to legally and numerically define what is in the child’s best interest in every situation equally.

When a custodial decision cannot be reached by a couple and is turned to a court to determine, a task is given to the court to ensure that the best decision is made in the interest of the child. A court reaches this by various methods of standard tests and evaluations that produce unpredictable results (Dolan & Hynan, 2014). There has been a recent suggestion by the American Law Institute called the “Approximation Rule”. Under this proposal, recently divorced parents share of time within their custody should be allocated to approximate the proportion of time each parent spends with the child on a detailed list of childcare tasks prior to their divorce (Dolan & Hynan, 2014). This assessment is geared towards awarding custody rights to the parent

They believe parent must have broad freedom to decide about custodial issues because they know the child better and they have intimate relation with child even after divorce. If there is a possibility for them to make mistake about what serves the best interest for child, there is this possibility for judge too and the judge should only intervene when it “is required by the narrow child-protection standard implicit in neglect law” (958). Mnookin and Kornhauser argue the distributional consequences of divorce are all matters of money and do not need judicial proceedings. Parents negotiate in a shadow of law which means they consider what the result will be if no agreement is reached and the case go for the adjudication. The legal rules are vague and the outcome of court is uncertain. So finding the answer to the question of who will get the custody is a risk for parents, and Mnookin and Kornhauser mentioned there are three kind of attitudes toward risk: risk-neutral, risk-averse, and risk prefers. They suggest the negotiation process has many advantages in compare to

PER REPORTER: Kelly and Michael were in court on 7/28/2015 for a custody case. It was said while in court that Kelly’s home has mold and leaking ceiling. The home has been like this for about 2 years. Per reporter the mold has not cause any sickness to Alexa. According to the reporter no one has been out to expect the home.