Sentences with phrase «awarding any custody rights»

However, regardless of the opinion of a counselor or the court, state law prohibits the court from awarding any custody rights to a parent that has been convicted of first degree murder of the other parent, unless the child is of suitable age to consent, and an infant would most likely not be considered old enough to consent.

Not exact matches

Primarily, Alabama prefers to award custody to both parents, encouraging them to share the responsibilities and rights associated with raising a child.

If parents in Illinois are awarded joint custody, the parents must sign a Joint Parenting Agreement, which explains each parent's rights and responsibilities for the care of the child.

Jeffrey Leving, in his book, Father's Rights, indicates that 85 % of cases today include the mother being awarded physical custody of the children.

If physical custody is awarded to one parent, access (visitation) rights will probably be granted to the other parent.

One parent may be awarded sole time sharing and parental responsibility rights, or either one or both types of custody might be jointly shared by parents.

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.

A court may award visitation rights if the child's parents» marriage is terminated, the parents separate, or custody of the child is given to a third party other than the child's parents.

Under Alabama law, a court may consider an award of joint custody, whereby the parental rights of both parties remain intact, with one parent as the primary custodian of the children and the other as the secondary custodian.

Most courts tend to award one parent sole physical custody, while the noncustodial parent has visitation rights.

As in most cases where one parent is awarded physical custody, Father is given visitation rights as the non-custodial parent — entitling him to exclusive time with Child every other weekend, on alternating major holidays, and for four consecutive weeks over Child's summer vacation.

Judges in Kansas generally prefer to award joint custody, which allows both parents to share the rights and responsibilities of raising a child.

While I morally agree with this approach to awarding custody of a pet — I personally think of my pets as my kids, not property, and would always agree that a pet belongs in the best possible home — assigning «human» rights to pets can have unintended, game - changing consequences.

The fact that the father had no rights of custody was also considered immaterial, if no plausible case had been made that rights of custody could not be awarded to him.

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

The court may award either joint or sole custody in a case, based upon the best interest of the child, and may also award visitation rights to a party.

As child custody and support is awarded by the judge, you need an assertive law firm, who knows Alabama custody laws intimately and will forcefully and persuasively present your position in order to only accept what is right for your child or children and you.

Once a divorce decree has been issued, custody will be awarded to one parent, with the other typically granted visitation rights (which might also be granted to grandparents, too).

The Florida courts no longer award primary residential custody to one parent and visitation rights to the other parent.

The trial judge awarded legal and physical custody of Coho to the husband, and granted the wife reasonable visitation rights as determined by the husband.

Usually even if one parent has sole custody, the other parent will be awarded access rights.

The parent who is not awarded custody still has many important legal rights.

When joint legal custody is awarded, both parents have equal rights in the decision making process.

This issue should not be confused with the issue of Shared Parental Responsibility (legal custody), which is awarded to both parents in the vast majority of cases and which gives each parent the same right to participate in making important decisions affecting their children in areas such as education, medical care, religious upbringing, etc..

In addition to certain spending restraints, your separation order may also include provisions awarding child support, alimony, child custody, right to possess the marital home, health insurance coverage, and any other award the judge deems appropriate in your case.

In a custody arrangement, one parent is often awarded physical custody while the other is awarded visitation rights.

Through my divorce and custody practice, deserving Father / Clients have been awarded primary custody of their children, and in cases where is it appropriate, I fight for shared parenting orders so that my Dad clients enjoy the same rights, responsibilities and parenting time as the Moms do.

Court Intervention - If the two parents can not agree without the involvement of the court, the court will decide on which parent will be awarded physical custody and who will be awarded visitation rights.

For nearly 25 years, the attorneys at Goldman & Associates have aggressively fought for the rights of their clients and their client's children to ensure that awards of custody serve their best interests.

A parent who is not awarded interim custody, but who wishes to have physical custody in the future should attempt to maintain contact with the child, exercising their access rights whenever possible.

Even when an individual has been awarded a specific amount of spousal support following divorce — or a parent has been awarded specific custody or child support rights — it can be difficult to know how to assert those rights when the other party becomes uncooperative.

Sole custody can be awarded to one parent, which means that the child resides primarily with that parent and that parent has the exclusive right to make decisions about the child's upbringing.

The court can award sole or joint legal custody, which refers to a parent's right to make major decisions concerning the child — such as medical and educational decisions.

In the event the court has terminated a surviving parent's rights, or changed the terms of the decree post-divorce to award full custody to the deceased parent, California law allows third parties — such as grandparents or other relatives — to intervene.

Courts can award sole legal or physical custody, meaning only one parent has the right to that custody, but courts can also award shared legal or physical custody, meaning the parents split decision - making or time with their child, or both.

Kentucky courts can award joint or sole legal custody, which is the right to make important decisions for the child.

For example, if the court awards joint legal custody, both parents have the right to make important decisions for the child.

An award of custody to one parent does not terminate the rights of the other parent in the child.

An example of an error in law would be if state law requires a parent convicted of domestic violence to complete counseling before the award of any custody rights, but a judge nonetheless grants that parent custody without proof of counseling and in direct violation of the law.

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.

An initial award for child custody in a Kansas divorce, paternity or custody case determines the child's primary residence as well as the parental rights of the mother and father in a parenting plan.

When one parent, called the custodial parent, is awarded sole or primary physical custody of a child, the other parent has a right to spend time with the child; this is known as «visitation.»

An award of sole custody to one parent with no custody or visitation rights to the other is rare.

New York courts often award legal custody to both parents, known as joint custody, and physical custody to one parent with the other granted visitation rights.

Whereas before, the mother was often stereotypically awarded primary custody in child proceedings, the new rules consider a variety of important factors when determining time sharing rights.

The parent not awarded custody receives visitation rights.

Notably, even back then, the Court researchers found that fathers» rights advocates were distorting reality: «We heard testimony from George Kelly, a representative of Concerned Fathers, that in contested custody cases, mothers are awarded physical custody over 90 % of the time.

If sole custody is awarded to a parent, that parent has all legal and physical rights to the child.

However, having an automatic right to seek custody does not make it any easier to be awarded custody.

Legal custody to a parent or both parents awards the right to make legal decisions for the child regarding education, health care, religion, and his or her general welfare.