Judges treat each family as an individual unit and attempt to discern
the best custody arrangement for each child.
First, when it comes to children, the research is clear: shared parenting is
the best custody arrangement for children whose parents live apart.
Figuring out
the best custody arrangements for your children and family is best served when you don't let the legal terms confuse you.
Not exact matches
Being away from your kids in order to comply with a joint
custody arrangement allows you to see the bigger picture, that your kids are indeed thriving and that the time they're spending with your ex is
good for them.
Recent publications suggest that
well - developed joint
custody arrangements are often
best for helping children survive the impacts of divorce.
Family courts in New Jersey can order a
custody arrangement agreed upon by both parents unless it is determined that the requested
custody arrangement does not serve the child's
best interests.
However, often parents do not have the
best communication with each other after a separation and communication sometimes gets worse with a joint
custody arrangement.
In general, it is the court's view that a joint
custody arrangement serves the
best interests of the child.
Not only are children scarred by witnessing their parents battle one another, but using the courts to devise a
custody and access
arrangement is a waste of money - money that could have been
better spent to the needs of the children.
Family courts across the nation generally agree that joint
custody is the
best arrangement for the child.
If parents agree to joint
custody and ask for it, the
arrangement will almost certainly be granted, but if the judge finds that this isn't in the
best interests of the child for some reason, he can decline the request and order a different
custody arrangement.
Evaluators also might help you reach an out of court settlement by sharing their informed opinion about what
custody arrangement seems
best to them.
In Maine, when parents request joint
custody, the court will agree to this
arrangement unless the court decides joint
custody is not in the
best interests of the child.
This means that the judge will determine the
custody arrangement that
best suits the child's needs, based on a variety of factors.
Therefore, in a joint
custody arrangement, it is important to present a unified front with children as it will not be
good for a child to believe he / she can use one parent against the other.
In the court's view, the
best possible
custody arrangement is one that allows your child to maintain continuous physical and emotional contact with both parents.
One of the
best ways to make a successful joint
custody arrangement work is by documenting your schedule using a parenting plan.
South Dakota uses several criteria to determine child
custody, a list of factors determined to help identify what type of
custody arrangement is in the child's
best interests.
A South Dakota court may order or ask the parents to agree on how the following issues will be handled in a joint
custody arrangement: where the child will reside and when, where he will attend school, his medical and dental care, and other responsibilities serving his
best interests.
A court will usually prefer a joint
custody arrangement, as it serves the
best interests of the child.
When determining the joint
custody arrangement that is
best for the child, the court must consider:
The
well - being of your children should be the focus of any
custody arrangement you may choose, and therefore they need to have some say that
arrangement.
The judge will ask a parent several questions during a child
custody hearing to determine which
custody arrangement serves the child's
best interest.
Iowa law requires that the court must consider the
best interest of the child and order a
custody arrangement that will give the child the chance for maximum continuing physical and emotional contact with both parents after the parents have separated and dissolved the marriage, and which will encourage parents to share the rights and responsibilities of raising the child unless physical harm or significant emotional harm to the child, other children, or a parent is likely to occur.
In the
best - case scenario, parents will work together through informal negotiations — with or without the assistance of attorneys — to come up with a
custody arrangement and parenting plan.
In most states, family courts determine child
custody arrangements based on what is in the
best interests of the child.
A recent BC case which applied both federal and provincial legislation and which cited the key principle from Young v. Young gives a nice snapshot of the law for clients as
well as for our top rated
custody and parenting
arrangement lawyers.
A skilled Prince William County child
custody lawyer can help you present your case in the
best light to establish the custodial
arrangement that you feel is
best for your child or children.
(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.
Quite often, the court will enlist the assistance of a child
custody evaluator to determine what
custody arrangements are in the
best interest of the child (ren).
But is this really the
best arrangement for
custody rulings?
The
best interests of the child are taken into consideration to determine the child
custody arrangement.
Ultimately, the child's mental and physical
well being are the court's primary concern when deciding
custody arrangements, and therefore any extenuating circumstances that affect the child will be taken into consideration.
Our founding fathers» rights lawyer, Mark Werner, will personally handle your case based upon his over 15 years experience and help you understand your rights and your options for pursuing a
custody arrangement that protects your child's
best interests.
To protect your rights and gain a
better understanding of the various types of
custody arrangements, it is important that you contact a qualified family lawyer as soon as possible.
The law is clear: Child
custody arrangements ultimately focus on the
best interests of each child.
In other words, the court essentially decides from scratch what
custody arrangement is in the child's
best interest.
Even though the divorce will be uncontested if your spouse doesn't answer, it's
better if the two of you sign a written settlement agreement detailing how you want your property and debts divided and what your
arrangement will be for
custody and visitation for your children.
Ultimately, the court will make a decision, if the parents can not agree upon child
custody arrangements, which are in the
best interests of the children.
Courts don't modify
Custody Arrangements lightly, but are not hesitant to do so if making changes is in the
best interest of the children involved.
It is in the
best interest of all parties involved to explicitly record
arrangements on state
custody forms that have been reviewed by attorneys.
Cooper Law can help you craft a persuasive case to ensure that your children's
custody and parenting time
arrangement truly has their
best interests in mind.
Virginia has adopted the
best interests of the child standard, in which a judge examines how a proposed
custody arrangement will affect a child's
well - being.
Separating or divorcing parents also need to agree on how often the children will see the parent they don't live with as
well as financial support and
custody arrangements.
If your
custody or parenting time issue goes before a judge, you will need to provide evidence and arguments related to each of these factors, to support the
custody or parenting time
arrangement you believe is in the
best interest of your child.
Although no federal laws specifically address
custody, parental responsibility, visitation or time - sharing issues in military divorces, these issues are often made more challenging because service members» obligations to their jobs require extra flexibility and creativity in creating parenting plans and time - sharing
arrangements that will work for both parents as
well as serve the
best interests of the children.
Under the new version of the
best interest test, a judge needs to ask all of the following questions about proposed parenting time and
custody arrangements:
To decide
custody and parenting time in your case, the judge's task is to determine what
arrangement is in the
best interest of your children.
Prior to mediation Attorney Winner will thoroughly review the financial issues, proposed
custody arrangements, and other matters pertinent to a case to educate his clients in regard to what is in their
best interests, and what they can expect in mediation.
The
best manner for you to avoid a contested divorce is to arrive at an amicable agreement with your spouse regarding such matters as spousal support, the terms of real and personal property division, and child
custody / visitation / support
arrangements.