Sentences with phrase «against awarding custody»

To that end, the law allows a mother to request temporary and permanent court orders of protection to protect both the mother and children from abuse, and a judge is required to consider domestic violence as a factor against awarding custody to an abusive husband.

Not exact matches

If the court finds a history of domestic abuse exists, a rebuttable presumption against awarding joint custody exists.

In determining who should be awarded custody, the court may want to consider which party has paid attention to the animal's basic daily needs (food, shelter, physical care, exercise, grooming, flea control); who takes the animal to the veterinarian; who provides for social interactions (in the case of dogs) with other dogs and / or with people; who maintains appropriate supervision to assure that state and local regulations are complied with (licensing, not allowing the dog to run free and protecting against circumstances that would endanger her life or health); and who has the greatest ability to financially support the animal.

Bindmans scooped two awards — Charlotte Haworth Hird won the Inquests / Actions Against State award for her work on a judicial review which led to an inquiry into deaths of 18 - 24 year olds in custody; Mike Schwarz won Criminal Defence Lawyer for his work exposing misconduct by undercover police officers.

Alaska law also creates a «rebuttable presumption» (a legal assumption that has to be overcome with credible evidence to the contrary) that if an abusive parent has a history of committing domestic violence against the other parent, a child, or even a domestic living partner, the abusive parent must not be awarded sole legal custody, sole physical custody, joint legal custody, or joint physical custody.

While Husband had explanations for this behavior, the Court of Appeals found this behavior mandated against an award of joint custody:

In Kentucky, an appellate court affirmed a lower court's decision to award primary custody to the father, based in part on Facebook photos showing the mother partying and drinking against the advice of her mental health providers.

In cases where the parent seeking sole custody provides evidence of abuse or that a pattern of abuse exists, the court will presume that it is against the child's best interests to award the abusive parent physical or legal custody.

Custody may be awarded to either parent through fair proceedings and without presumption either in favor of or against physical or joint cCustody may be awarded to either parent through fair proceedings and without presumption either in favor of or against physical or joint custodycustody.

Regardless of each state's position for or against a presumption or preference in favor of joint custody and whether or not it has been specifically authorized, overall there appears to be a growing trend in favor of joint custody and more and more bills are being introduced to adopt a presumption that joint custody is in the best interest of the child unless certain circumstances apply (such as convincing evidence that a parent is unfit or that it would not be in the best interest of the child to award joint custody).

In some states, the presumption is against the award of sole or joint custody to perpetrators of domestic violence.

Professor Czapanskiy reports that in the Maryland gender bias task force survey judges and lawyers were asked whether «child custody awards disregard fathers» violence against mothers.»

For that reason, certain criminal convictions weigh against allowing a parent to be alone with his child, and may support an award of sole custody to you.

Shared parenting assumes that both parents will be awarded joint custody, unless other factors (proven abuse or domestic violence) weigh against it.

«The record before this Court reflects, not a gender bias against Mother or the fact that she is a career - oriented woman but, rather, a case in which, as between two parents who are fit to be the custodial parent, the best interests of the child will be served by awarding custody of the child to Father.