Not exact matches
And Dad is asking for joint or primary
custody more and
more: Over the past decade, the number of fathers
awarded custody of their children has doubled, according to the latest data.
«About 15 years ago, we began to see courts
awarding more men
custody of their children in divorce actions, That turned the tide, and it's now
more acceptable for single men and gay men, for example, to raise children without wives.»
In
awarding custody, the court shall consider which parent is
more likely to foster a positive relationship between the child and the other parent.
In addition, even if sole physical
custody is
awarded, there has a been a push to allowing
more lenient visitation rights for the parent that does not live with the child.
While, in the past, the primary caretaker preference seemed just another way to
award custody to mothers, as
more and
more men share parenting responsibilities, this preference does not necessarily favor mothers.
«Dog Law: Austin Court
Awards Wife
Custody of Clementine the Chihuahua Main Should Law School Be
More Than Just a «Sorting Mechanism» for Potential Employers?»
It took
more than four years to get
custody of my daughters
awarded to me and this would not have ever happened without the help of the Coalition.
In The News — Vargas v City of New York — A Brooklyn jury
awarded Mr. Vargas $ 17.5 million for the City of New York's violation of his civil rights for failing to provide him medical care while in
custody... Learn
More
In recent years there has been a notable decline in the USA of sole
custody agreements
awarded to mothers following divorce Read
More
Physical
custody often goes to the parent who spends
more time with the children, while the parent without physical
custody is
awarded visitation per a regular schedule.
If a parent
awarded joint legal
custody and physical care or sole legal
custody is relocating the residence of the minor child to a location which is one hundred fifty miles or
more from the residence of the minor child at the time that
custody was
awarded, the court may consider the relocation a substantial change in circumstances.
In any event, this case is yet another indicator that, while equally shared physical
custody is not a presumption, the courts continue to
award ever
more generous access to non-resident parents.
Courts can
award joint physical
custody — meaning that the toddler lives with both parents in equal time shares — or, the court can
award sole physical
custody — also called primary physical
custody, meaning the toddler lives with one parent
more than the other.
If sole or primary
custody must be
awarded to one parent in Oklahoma, the court determines which parent is
more likely to expedite visitation by the non-custodial parent.
More than 30 states now have statutes specifically authorizing joint
custody awards, and most states now hold that a court's authority to
award joint
custody does not depend upon the parties that request it.
What happens if you are
awarded primary
custody of your children and your former spouse remarries someone very wealthy making them
more financially well off than you; will
custody be transfer to your former spouse?
The court may also
award residential
custody, with whom a child resides, to both parents; however, it is much
more common for Kansas courts to
award residential
custody to one parent while granting visitation rights to the other.
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).
Increasingly, however, even
more and
more courts
award shared physical
custody, maternal solo parenting (the «divorced mom») remains very much the norm.
Joint -
custody awards where practical are becoming increasingly
more common.
For example, if a judge
awards limited visitation to one parent because that person is romantically involved with a third party, the parent could appeal the
custody ruling and the underlying reasoning far
more easily than would have been possible under the prior law.
Even though mothers are
more consistently
awarded custody of children by the courts, the percent... Continue reading →
More than 30 states now have statutes specifically authorizing joint
custody awards, and most states now hold that the courts authority to
award joint
custody does not depend upon whether the parties request it.
This past spring, nearly 20 states considered bills that encourage family courts to move away from the tradition of
awarding sole
custody, usually to the mother, when parents divorce or separate, and instead
more equally
award parenting time.
For example, a parent
awarded primary physical
custody spends
more time with the child than a parent
awarded visitation time.
However, spouses often feel
more comfortable when they familiarize themselves with the Tennessee divorce process, along with the rules for filing, dividing property, arranging
custody and
awarding spousal support.
If a mother is unfit, perhaps due to drug or alcohol abuse or a history of violence, the court is
more likely to
award custody to the father.
If one parent is
more stable than the other, judges can decide to
award primary
custody to that parent.
Fact: Fewer child support
awards are ordered in joint physical
custody cases; there is a greater income differential between fathers» households and mothers» households post-divorce in joint
custody situations than in sole
custody situations; and fathers with joint
custody are
more likely to have higher incomes relative to their ex-wives than fathers in situations of maternal
custody.
Recent studies suggest that an abusive man is
more likely than a nonviolent father to seek sole physical
custody of his children and may be just as likely (or even
more likely) to be
awarded custody as the mother.
Because of this, the trial court determined that the father had a «
more traditional family environment» and thus
awarded custody to him.
It is clear from these authorities [discussion of which is not quoted here] that if one parent is significantly
more willing to work to foster the children's relationship with the other parent, this factor weighs heavily in favour of that parent being
awarded custody....
In a joint
custody award, the Court may further «induce» parental cooperation with the expectation it will review compliance and collaborative efforts, reserving authority to change the order to sole
custody in favor of the
more cooperative parent.
The laws generally
award primary
custody to the parent who spent
more time at home with the children and less time working, even if the difference was miniscule.
Much
more common than true joint
custody arrangements (where both physical and legal
custody are shared) is «joint legal
custody,» in which both parents share the right to make long - term decisions about the raising of a child and key aspects of the child's welfare, with physical
custody awarded to one parent.
Shared
custody agreements tend to be
more complicated than sole
custody arrangements because the amount of time that the child spends with each parent can affect child support
awards as well as the child's legal residence for school.
Other issues are determined
more or less automatically, like setting child support,
awarding the dependency exemption, or determining
custody.
The eleven catalysts are impractical, short of removing the child from the alienating parent's context, and the legal system usually
awards the alienating parent
more rights either primary
custody or «we can't make the child do what she doesn't want to do»
Jeffrey Leving, in his book, Father's Rights, indicates that 85 % of cases today include the mother being
awarded physical
custody...
more
And the
more legal conflict that occurred between parents, the
more likely joint
custody was to be
awarded.
When both parents have a similarly violent history, the court may
award custody to whichever parent completes a rehabilitative program and is least likely to continue committing domestic violence, or in some cases, to a third party who may be
more suitable to take care of the children.
ST. JOHN»S, N.L. — In a case that divided Newfoundland and Labrador's top court over what constitutes pet ownership, a man has been
awarded sole
custody of a dog following a... Read
more
Knowing the circumstances under which a judge may be
more inclined to
award you with greater parental rights will help you best prepare for your
custody case.
the mother in my case is doing all she can to keep me from my child and keep me from being able to appear in court by trying to get a change of venue to
more then 300 miles away and getting a restraining order all without any justification knowing i have a job here and can't possibly travel that far, also she had our 7 month old child in the courtroom specifically to try to upset me, filing court papers simply to keep a loving parent from their child should be grounds for
custody to be
awarded to the other parent for the single purpose of establishing witch parent will prevent parental alienation
1994)(indicating that consideration of which parent is
more likely to ensure frequent and continuing contact does not mandate that
custody be
awarded to the parent who would allow the most visitation).