From child custody arrangements to spousal support, there are many important issues to resolve during a divorce.
There have actually been some quite recent changes to the way that Texas Child Custody Laws have been set down in the statute books, with major changes in September 2007 signalling a whole raft of over 300 different alterations that impacted on everything
from child custody arrangements to visitation rights for each of the parents, and exactly how those rights would be enshrined in law.
Not exact matches
Joint
child custody is often a «forced»
arrangement, meaning that the courts believe that
children benefit the most
from spending a substantial and continuous amount of time with both parents.
Divorced parents provide care to their
children in any number of ways,
from the traditional
custody / visitation
arrangement to more equitable shared
custody plans.
If one parent in a joint legal
custody arrangement takes decision - making powers away
from the other parent (perhaps by making unilateral decisions about a
child's education), the other parent can go back to court to get a judge to enforce the joint legal
custody order.
From child custody regulations to how the estate will be divided, these
arrangements and documents are what ensure a divorce or separation goes as smoothly as possible.
(1) the temperament and developmental needs of the
child; (2) the capacity and the disposition of the parents to understand and meet the needs of the
child; (3) the preferences of each
child; (4) the wishes of the parents as to
custody; (5) the past and current interaction and relationship of the
child with each parent, the
child's siblings, and any other person, including a grandparent, who may significantly affect the best interest of the
child; (6) the actions of each parent to encourage the continuing parent
child relationship between the
child and the other parent, as is appropriate, including compliance with court orders; (7) the manipulation by or coercive behavior of the parents in an effort to involve the
child in the parents» dispute; (8) any effort by one parent to disparage the other parent in front of the
child; (9) the ability of each parent to be actively involved in the life of the
child; (10) the
child's adjustment to his or her home, school, and community environments; (11) the stability of the
child's existing and proposed residences; (12) the mental and physical health of all individuals involved, except that a disability of a proposed custodial parent or other party, in and of itself, must not be determinative of
custody unless the proposed custodial
arrangement is not in the best interest of the
child; (13) the
child's cultural and spiritual background; (14) whether the
child or a sibling of the
child has been abused or neglected; (15) whether one parent has perpetrated domestic violence or
child abuse or the effect on the
child of the actions of an abuser if any domestic violence has occurred between the parents or between a parent and another individual or between the parent and the
child; (16) whether one parent has relocated more than one hundred miles
from the
child's primary residence in the past year, unless the parent relocated for safety reasons; and (17) other factors as the court considers necessary.
At the Law Offices of Adrian H. Altshuler & Associates, we facilitate
child custody arrangements from the earliest stages of marital separation, with temporary
custody orders.
Such interim orders contained provisions stating that the plaintiff and the defendant shall have interim joint
custody and guardianship, that the primary address of the
children shall be the defendant's address, that for the purpose of access
arrangements the plaintiff shall promptly inform the defendant of her monthly work schedule, and the defendant shall make efforts to ensure the
children spend equal time with both the plaintiff and the defendant and, upon receipt of such work schedule, draw a calendar setting out parenting time for each parent for the coming month, and that the plaintiff shall be allowed to travel to Japan with the
children from November 2, 2002 through November 18, 2002.
Similarly for
custody and access, there are a number of different resources available, everything
from counseling for the parties and the
children to parenting counselors who will assist the parties in setting up
arrangements for the kids.
In other words, the court essentially decides
from scratch what
custody arrangement is in the
child's best interest.
What we learn
from this case is that, while a trial court can use information provided by an expert witness as evidence as to what may be in a
child's best interest, it must still independently make the decision regarding what
custody arrangements are in the
child's best interest after providing both parents an opportunity to present evidence at a trial.
For example a spouse with significant income in a shared
custody arrangement of one
child has more to gain
from this credit than a spouse with little to no taxable income.
Child support payments differ
from case to case and depend upon a variety of factors, including the
custody arrangements to which both parents have agreed.
The refusal to accede to the Hague Convention or enter into any bilateral
arrangements concerning the return of abducted
children constitutes an extremely strong red flag that a country does not consider the abduction of
children from other countries to be a serious matter, that it does not comply with international norms concerning international
child abduction, and that it is most unlikely to follow a foreign court's orders concerning either
custody or visitation.
If, however, the custodial parent interferes with visitation and takes other actions that appear to be intended to keep the
child from having a relationship with the noncustodial parent, the court might alter the
custody arrangement.
From alimony payments to
child custody arrangements, you and your soon - to - be-ex-spouse may disagree with one another on one or several terms of the divorce settlement.
Most family law judges are interested in establishing an equitable
child custody arrangement from the beginning.
Nonetheless, in this case the court made some complex mathematical adjustments to support; this included an adjustment to account for the fact that, before the parties started their shared parenting
arrangement, the mother had sole
custody of the
child and was legally entitled to receive appropriate
child support
from the father for that period.
This
custody arrangement has now continued
from the time of the hearing (May 2015) until present, which is an additional twenty - nine months, amounting to a total of forty - three months or about three and a half years — close to half of
Child's life.
[13] He considered (1) the existing shared parenting
arrangement and the relationship between the
children and Ms. G; (2) the existing shared parenting
arrangement and the relationship between the
children and Mr. S; (3) the desirability of maximizing contact between the
children and both parents; (4) the views of the
children, which had not been canvassed; (5) Ms. G's reason for moving; (6) the disruption to the
children of a change in
custody; (7) the disruption to the
children consequent on removal
from family, schools, and community; and (8) various other factors, such as Mr. S's economic stability, the importance of the paternal grandparents, the location of the proposed residence at Moyie Lake on a leased lot at an RV park, the girls» relationship with Mr. G and his
children, and Ms. G's inflexibility.
Barring a successful appeal
from the order of
child custody and parenting
arrangements a spouse seeking to vary an order must show a substantial change in the conditions means and circumstances of the parents or the
child has occurred since the last Order which if known at the time of the last order would have led to a different result.
The test for Varying
Child Custody Parenting
Arrangements is a high one to prevent disappointed parties
from routinely returning to court with the hopes they may obtain a better outcome
from another judge within a very short time period.
-- Enabling parenting coordination by agreement or court order; — Amending the Commercial Arbitration Act to address family arbitrations; — integrating reproductive technologies into determining a
child's legal parents; — Replacing the terms «
custody» and «access» with «guardianship» and «parenting time»; — Defining «guardianship» through a list of «parental responsibilities» that can be allocated to allow for more customized parenting
arrangements; — Extending the legislative property division regime to common - law spouses who have lived together for two years in a marriage - like relationship or who are in marriage - like relationship of some permanence and have
children together; — Excluding certain types of property (e.g. pre-relationship property, gifts, and inheritances)
from the pool of family property to be divided 50 - 50; and — Providing that debts are subject to equal division.
About Blog Cozen O'Connor's family law attorneys counsel clients about their most personal legal matters,
from marriage and divorce to
child custody and support
arrangements.
The two primary types of legal
custody, which is determined either by agreement between parents or by order of a judge, are joint legal
custody, which is an
arrangement where both parents share the rights to make the major decisions for their
child, and sole legal
custody, which is when one parent can make these decisions without input
from the other parent.
The guardian ad litem may make recommendations for the
custody arrangement and may also present evidence at the hearing regarding what the guardian ad litem considers to be the best
custody and visitation structure
from the
child's perspective.
Similarly, many
custody arrangements contain paramour restrictions, which prevent both parents
from having lovers in the house overnight when the
children are visiting.
Not all states automatically grant joint
custody requests
from parents, particularly if they can not get along well enough to make such an
arrangement work, but courts often will do so if you can prove that the
custody terms are in the best interests of your
child.
Additionally, the court will examine the
custody arrangement for any
children, especially if there are young
children preventing the requesting spouse
from working, or if the requesting spouse needs time to complete an education or training program in order to rejoin the workforce.
Because sole
custody typically involves fewer transitions
from one house to another,
children may also benefit
from the stability provided by these
arrangements.
The court will only modify a
custody order upon a demonstration of a material change of circumstances, which means that the existing custodial
arrangement is no longer in the best interests of the
child, such as when a serious health problem prevents a parent
from taking care of a
child.
Nothing stops the parents
from working out a different
arrangement, such as joint
custody or the father taking the
child, if they're in agreement and their
child's welfare doesn't suffer.
Babies require
custody arrangements different
from the schedules typically given to older
children.
Children in a joint physical
custody arrangement suffered
from fewer psychosomatic problems than those living mostly or only with one parent but reported more symptoms than those in non-broken families.
Prior to filing for
custody in court and during litigation, each parent must allow the other parent access to the
child and refrain
from withholding contact, even when there is no court - approved
custody arrangement in place.
For example, in a shared physical
custody arrangement, your
child might live with you every week
from Sunday through Wednesday and with his other parent Thursday through Saturday.
Thus, the
custody arrangements created for a newborn are typically different
from those created for an older
child.
For help in creating a fair
custody arrangement for yourself and your
child, you should contact a Raleigh
child custody lawyer
from the Marshall & Taylor PLLC at 919-833-1040 today.
For example, a
child going through a period during which she is heavily bonded with her mother while her brother wants to spend time with his father, could benefit
from short - term split
custody arrangements.
Child custody arrangements can vary
from case to case.
Joint
child custody is often a «forced»
arrangement, meaning that the courts believe that
children benefit the most
from spending a substantial and continuous amount of time with both parents.
From a
child's perspective, a joint
custody arrangement may negatively affect the following relationships in a
child's life:
Post-Permanency Services are defined by the CEBC as those services that ensure the continuing stability, safety, and well - being for
children and youth who have moved
from the temporary
custody of the
child welfare system into a permanent legal
arrangement with committed caregivers.
Tennessee law does not prevent a divorced parent
from moving out of state, but if you have a joint
custody arrangement, the other parent may be able to prevent you
from taking your
child with you.
Nor has increased
child support payment compliance (but one way of helping a residential household achieve the financial stability that has been shown to be important) been shown to result
from custody arrangement or increased visitation.
If the parents can't agree on new
custody and visitation
arrangements, the court may modify the schedule for you or prevent you
from relocating the
child if it concludes the move is not in the
child's best interest.
In these instances, neutral
custody evaluations are often used to provide judges with an opinion
from a qualified professional as to what
arrangement promotes the best interests of the
child.
Bearing on joint
custody arrangements for the very young
child, research by Carol George and Judth Solomon has found significant negative effects correlated with overnight visitation and prolonged separations of infants and young
children from their maternal primary caregivers — with no positive effect resulting
from the extended timeshare with their fathers on these infants» relationships with their fathers.
[FN51] Rather than codify the practice of awarding joint
custody to parties who agree to such an
arrangement, the new law creates a presumption that shifts the focus away
from the
child, despite the childrearing problems inherent in parental discord, and toward the parents.