Sentences with phrase «affects child custody orders»

There are also legal ramifications, because domestic violence affects child custody orders.

Not exact matches

(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.

The Arizona Court of Appeals added that to change a previous custody order, the family court must determine that there has been a material change in circumstances affecting the welfare of the child and they will not disturb the family court's decision without a clear abuse of discretion.

Arizona child custody laws address both a parenting time schedule and an order regarding how major decisions affecting the child are made.

Even without your spouse's participation in the divorce proceeding, the court can enter orders regarding the effective dissolution of the martial estate, including property division, division of assets and debts, and orders affecting children — custody, visitation, child support — among others.

• Make certain marital settlement agreements and pre - or post-nuptial agreements are properly prepared; • Identify tax issues which may affect the distribution of marital property and the payment of child, spousal or family support; • Help you effectively deal with complex legal issues involving community property laws; • Negotiate or mediate the difficult and emotional issues relating to legal separation, dissolution of marriage and child custody; • Protect clients who need restraining orders for domestic violence; • Handle matters relating to modification of child custody, spousal support or child support; • Offer a collaborative process enabling clients to resolve their issues without court intervention.

In the end, however, the court was unable to conclude that this error materially affected the trial judge's decision that granting the mother custody of the children was in their best interests, and the ONCA declined to order a new trial.

Unless you are in immediate danger, speaking with an attorney first can be a wise decision because leaving the marital home prior to the issuance of a court order could affect issues of spousal support, division of property and child custody.

sole legal custody: A court order that says one parent has the legal right to make major decisions affecting the child, like health care, education, and religion.

The parent applying for a change in the custody or access order must meet the threshold requirement of demonstrating a material change in the circumstances affecting the child.

Relocation of a child affects everyone, and often the desire to move occurs after the divorce is final and custody and visitation issues have been ordered.

It is important to understand that orders for protection do not directly affect child custody in Arizona.

If the parent proposing the move or removal has sole legal or joint legal custody of the child and the child resides with that parent for the greater period of time, the parent objecting to the move or removal may file a petition, motion or order to show cause for modification of the legal custody or physical placement order affecting the child.

A parent who seeks modification of a custody order must present proof of a material and substantial change of circumstances that adversely affects the best interests of the child.

In empathizing with their clients, professionals sometimes unwittingly get drawn into advocacy roles, supporting what they believe to be their clients» best interests — winning custody of the children, keeping the house, securing restraining orders, avoiding nasty alimony judgments — without stepping back to look at how their interventions, or lack thereof, affect the divorcing client and family.

Marital misconduct generally does not affect custody orders unless the abuse hurt the children or limits a parent's ability to properly care for them.

Joint legal custody is a court order that ensures each parent has an equal right in making decisions regarding routine medical issues, education, and any other area that affects the welfare of the child.

The new order does not affect the courts» powers to make decisions about custody of children - for example, where a child lives and who a child has contact with.

These orders often contain limitations on transferring property, changing insurance and taking any action affecting child custody.

Custody and visitation are always modifiable by the Court if there has been a material change in circumstances since the last Court Order, and the change fundamentally affects the best interests of the child.

(2) A disagreement between the parties or litigation brought to enforce or modify the agreement shall not affect the validity of the adoption and shall not serve as a basis for orders affecting the custody of the child.

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If the custody order is for sole custody, the party seeking modification must demonstrate how there's been a permanent, material and substantial change in circumstances that affects the child's bests interests, making a change of custody necessary.

(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

In making an equitable apportionment of marital property, the family court must give weight in such proportion as it finds appropriate to all of the following factors: (1) the duration of the marriage along with the ages of the parties at the time of the marriage and at the time of the divorce; (2) marital misconduct or fault of either or both parties, if the misconduct affects or has affected the economic circumstances of the parties or contributed to the breakup of the marriage; (3) the value of the marital property and the contribution of each spouse to the acquisition, preservation, depreciation, or appreciation in value of the marital property, including the contribution of the spouse as homemaker; (4) the income of each spouse, the earning potential of each spouse, and the opportunity for future acquisition of capital assets; (5) the health, both physical and emotional, of each spouse; (6) either spouse's need for additional training or education in order to achieve that spouse's income potential; (7) the non marital property of each spouse; (8) the existence or nonexistence of vested retirement benefits for each or either spouse; (9) whether separate maintenance or alimony has been awarded; (10) the desirability of awarding the family home as part of equitable distribution or the right to live therein for reasonable periods to the spouse having custody of any children; (11) the tax consequences to each or either party as a result of equitable apportionment; (12) the existence and extent of any prior support obligations; (13) liens and any other encumbrances upon the marital property and any other existing debts; (14) child custody arrangements and obligations at the time of the entry of the order; and (15) such other relevant factors as the trial court shall expressly enumerate in its order.