Sentences with phrase «child custody cases where»

In child custody cases where primary residential custody is awarded, that parent often will retain ownership of the family home to ease the transition for the child.

Not exact matches

For example, in cases where a single mom is raising a child on her own, and the father is voluntarily uninvolved, the courts may expect her to actually file for child custody in order for her to be legally considered the custodial parent.

A Wisconsin court will award joint custody in cases where parents can cooperate in performing their responsibilities toward their children.

«Three separate cases in the United States have come to the author's attention where the father has sought custody on the basis of prolonged breastfeeding where the child nursed for comfort to about the age four.

In cases where the child's family does is not able to regain custody, foster parents often adopt the children they care for.

In some states, like Oklahoma, it is presumed that the mother has sole custody in cases where the parents were unmarried at the time of the child's birth and no father is on the birth certificate.

Some situations where a parenting class might be mandated can be in the case of child custody proceedings, visitation proceedings, divorce, or legal separation involving children, any other parental proceedings, or in cases where there is alleged or actual domestic abuse.

However, there is an emergent consensus within the divorce research community that in the great majority of contested cases of child custody, where family violence is not a factor, children's needs and interests are best served by preserving meaningful relationships with both of their parents.

The court awards custody in the following order of preference unless in a particular case the best interest of the child requires otherwise: to both parents jointly or to either parent; to a person or persons in whose home the child has been living and where the child has had a wholesome and stable environment; to any person related within the third degree of consanguinity; to any other person or persons whom the court finds suitable and able to provide proper care.

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.

The judge may issue an order granting temporary custody to the selected parent for a trial period not to exceed six months regarding the custody of a child who has reached the age of 11 but not 14 years where the judge hearing the case determines such a temporary order is appropriate.

The Alabama Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) applies in cases where a custody decision is made or which impact access to a child — including divorce, legal separation, neglect, dependency, guardianship, paternity, termination of parental rights, and protection from abuse concerning the legal custody, physical custody and visitation of children are decChild Custody Jurisdiction and Enforcement Act (UCCJEA) applies in cases where a custody decision is made or which impact access to a child — including divorce, legal separation, neglect, dependency, guardianship, paternity, termination of parental rights, and protection from abuse concerning the legal custody, physical custody and visitation of children are dCustody Jurisdiction and Enforcement Act (UCCJEA) applies in cases where a custody decision is made or which impact access to a child — including divorce, legal separation, neglect, dependency, guardianship, paternity, termination of parental rights, and protection from abuse concerning the legal custody, physical custody and visitation of children are dcustody decision is made or which impact access to a child — including divorce, legal separation, neglect, dependency, guardianship, paternity, termination of parental rights, and protection from abuse concerning the legal custody, physical custody and visitation of children are decchild — including divorce, legal separation, neglect, dependency, guardianship, paternity, termination of parental rights, and protection from abuse concerning the legal custody, physical custody and visitation of children are dcustody, physical custody and visitation of children are dcustody and visitation of children are decided.

You should file your application in the municipality where you reside; or, if the case deals with child custody or access, in the municipality where the child ordinarily resides.

We represent clients in a wide variety of situations where custody is at issue, including grandparents seeking custody of a grandchild, other relatives seeking custody of a child in their family, same sex couples seeking to establish custody of a child born during their relationship, and even cases involving custody disputes between a surrogate and the gestational parents.

Family law courts in New Mexico have granted sole custody in cases where a parent was incarcerated or where one side provided evidence that the other parent had abused the children.

It is usually brought up in child custody cases especially where the father is suing to get more time with the kids.

So, clearly there is an overlap here where, in the case of either Joint or Sole Physical Custody, the would - be non-custodial parent could have the children between 111 - 140 nights.

Of some consolation, there are some reported cases where judges have suggested that a custodial parent who makes an unfounded allegation is by that very act harming the child and should therefore lose custody.

Judge Altenbernd later relayed to Mr. Cordover that he supports the collaborative process, especially in divorce cases where issues of child custody and parenting plans are involved.»

In cases where joint custody is sought or where sole custody is a reasonable consideration, the tax considerations raised in Trignani v. Canada should be considered when deciding whether to claim child maintenance.

But there are cases where the parent with primary custody has been ordered to pay child support to the non-custodial parent.

Because marriage equality is so new, it's impossible to predict how all courts in every jurisdiction will handle custody cases where a child was born to one spouse during a same - sex marriage.

It is important to note that in cases where one parent has custody of a child, they must be the parent to apply for the passport.

Usually parents will have the best claim for custody of their child, however there are cases where somebody who is not a parent may be able to get custody of a child.

Regardless if your case is contested or non-contested, an experienced attorney can be valuable in cases where property division, child custody and support, and spousal support are concerned.

But even in a case where they are sometimes plaintiffs, like custody, an attorney can actually cause a * decrease * in filings by explaining to a parent exactly what they need to do to regain custody of their children and work with them to accomplish those goals, rather than the parent filing loads of duplicate motions to modify custody, as they often do when pro se.

Rather, I can certainly see this process being employed by family law attorneys in a number of «single - issue» cases (e.g., alimony) and of having a greater benefit in those cases where there are significant marital assets involved, or in highly - charged child custody cases.

In most cases parents don't understand what custody actually means — they believe it has to do with where the child will live or who should pay child support.

Oftentimes, this gatekeeper role is triggered in divorce cases where the custody of a child is at issue, but it can also come in the form of a legitimation petition or a modification action post-divorce.

Often, sole child custody agreements are sought in cases where domestic abuse threatens the welfare of the child.

So if you are asking for custody or access, you have to start your case in the municipality where the child lives (if she lives in Ontario).

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.

If your case is not about custody or access, then you have to start it in the municipality where either you or your spouse (or the other parent of your child) resides.

[85] This view is reinforced in chapter 7 of Barbara Jo Fidler et al., Challenging Issues in Child Custody Disputes: A Guide for Legal and Health Professionals (Toronto: Carswell, 2008), where the authors emphasize the importance of early identification, case management, and post-judgment control.

These Guidelines are applicable to all child custody situations, including paternity cases and cases involving joint legal custody where one person has primary physical custody.

Appeal court judges have delivered a stinging rebuke of a series of administrative and judicial errors in the child custody case Hammerton v Hammerton, where the father was sent to prison for three months.

The Hague Convention you identify is generally enforced in the domestic courts of the country where the child is physically located that has child custody jurisdiction or via a «Central Authority» as defined by a signatory to the Convention, although it is a bit more complex than that because the Hague Convention has one set of rules for «emergencies» and another for ordinary cases.

In Ontario, legal aid is offered in family law cases where these is spousal abuse or issues of child custody or protection.

Attorney Blomberg continues to serve the Connecticut Superior Court as a Special Master in family cases including at the Regional Family Trial docket in Middletown where contested child custody cases are heard.

One of the most common child custody arrangements is to split time by weeks, though there are cases where people can alter months or even years.

Cases of shared custody (where the spouses or partners have the children approximately equal time)

Some courts require court mediation in divorce cases where child custody at issue.

In cases where custody becomes an issue, child custody mediation can be used as an alternative to court hearings, costly appointments of guardians ad litem to investigate, and appointments of attorneys for the children.

In cases where there is no dispute regarding property division, spousal support and child custody and support, Alaska courts refer to the matter as «uncontested.»

So, in cases where the custodial parent has the child for a majority of the time, the non-custodial parent has the burden of convincing the court that there is a «change of circumstances» that require the court to award custody to the non-custodial parent.

The consequences of a move - away case can profoundly impact both the parents and their children and the cases are far more conflicted than the typical high - conflict child custody dispute where the parents fight over the amount of time each will have with the children.

In interstate child custody decisions, the child's home state, the state where the child stayed for the last six months, usually hears the case.

In the case of custody, the parents must agree on four key points: legal custody (who makes decisions about the child); physical custody (where he or she lives); visitation (how often and under what conditions the noncustodial parent spends time with him or her); and child support (the noncustodial parent's contribution to the costs of raising the child).

Sometimes they can come to an agreement on their own, outlining when and where their children will spend time with each parent, but in many cases, a child custody lawyer is needed to help hammer out the details.

However, in cases where it can be demonstrated that one parent has provided the majority of care for a child, the court may use this as a factor in support of that parent having more custody.