Sentences with phrase «considered custodial»

In such cases, one parent is considered the custodial parent, while the other parent is generally granted generous visitation rights, as determined by the court.

The amount of time each parent spends caring for the child may influence who is considered the custodial parent, and in some places, the amount each parent is required to contribute the child's support.

In these situations, both parents are considered custodial.

If the child lives with his mother, she is considered the custodial parent and the court likely ordered you, as the noncustodial parent, to pay child support to her.

Have you considered a custodial account for your kids so they can build their own dividend growth portfolio?

The answer may surprise you: not all parents who have sole physical custody of their children are legally considered custodial parents in the eyes of the courts.

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.

Gordon v. Goertz provides that the court should only consider the custodial parent's reason for moving in the exceptional cases where such consideration is relevant to that parent's ability to meet the needs of the child, but this has been challenging to apply in practice.

However, Ohio property division factors specifically allow the court to consider a custodial parent's request to remain in the family home with the children as one of the factors for a property award.

In other words, in all situations where the court is permitted to consider the custodial parent's income, the non custodial parent can obtain the same financial disclosure from the custodial parent, without the necessity of obtaining a court order to require that disclosure.

Not exact matches

If you need assistance in understanding the guidelines or in addressing your situation as a custodial or non-custodial parent, you should consider speaking with a qualified child support attorney.

The days when summer and afterschool learning programs that only offered «safe custodial care» were considered fine are thankfully behind us.

Martin County School Board members seem willing to make cuts in the district's content coordinators and administrators overseeing specific areas such as math or social studies to save money and help pay for school security, but are hesitant to consider scaling back art, music, extended child care programs or outsourcing custodial and technology services.

What's more, assets in a custodial account where you're the custodian are considered part of your estate until the child reaches majority.

I generally encourage anyone who is planning to transfer a large dollar amount to a child to consider a trust before setting up a custodial account.

In general, you can use a custodial account to pay for any expenses that benefit the child, as long as they are not considered the basic essentials of living.

Before establishing a custodial account, you should carefully consider your objectives and other ways you may achieve them.

Before you set up a custodial account for a minor, consider whether this is the best choice.

If a student's custodial parent is thinking about getting remarried but hasn't gone through with it yet, it's worth considering how remarriage could help or hurt the student's financial aid package.

For financial aid purposes, custodial accounts are considered assets of the student.

Under s 63 of the Magistrates» Court Act 1980 the court can consider imposing a fine or a custodial sentence for any breach of a contact order that may be proved in committal or family proceedings.

The court will consider how many children are involved, who the custodial parent is, and the incomes of both parents.

In considering Sheehan v. Flower, The Arizona Court of Appeals ruled grandparents are not entitled to rights (under A.R.S. Section 25 - 408) to object to a custodial parent's out of state relocation with their child.

(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.

The court must consider the parties» incomes, abilities to rebuild their assets and income in the future, custodial responsibilities and other factors.

If a custodial parent wants to move away, the court can consider whether the child — especially a teenager — should stay with the other parent in order to continue at the same school and stay involved with the same friends and activities.

If the custodial parent habitually interferes with the non-custodial parent's visitation rights, the courts may consider giving custody to the other parent.

The directors have appealed the jail sentences meaning an appeal court will consider their appropriateness and, potentially, provide some comments about circumstances that could attract a custodial sentence.

A Maryland resident who dies without a will is considered intestate, and his or her property will be distributed according to the «default» provisions of Maryland law, and Maryland courts will determine custody of minor children who have no surviving custodial parent.

Section 743.21 sets out that the sentencing judge may issue an order prohibiting the offender from communicating, directly or indirectly, with any victim, witness or other person identified in the order during the custodial period of the sentence, except in accordance with any conditions specified in the order that the sentencing judge considers necessary.

The factors to be considered include: each parent's reasons for seeking or opposing the move, the quality of the relationships between the child and the custodial and noncustodial parents, the impact of the move on the quantity and quality of the child's future contact with the noncustodial parent, the degree to which the custodial parent's and child's life may be enhanced economically, emotionally and educationally by the move, and the feasibility of preserving the relationship between the noncustodial parent and child through suitable visitation arrangements.

The custodial parent bears the burden of proof with regard to this first Second, the court must consider the motives of both parents.

Trial court shall consider the best interests of the child when considering a petition for change of custody based on the custodial parent's relocation.

First the court must consider the prospective benefits of the move, considering non-economic as well as economic factors, to determine if the move is likely to improve substantially the quality of life for the custodial parent and the child.

The Court noted that in other cases a parent has been considered to have justifiable cause for not communicating when the custodial parent significantly interferes or discourages communication.

Among the modifications the court may consider is a reallocation of primary custodial responsibility, effective if and when the relocation occurs, but such a reallocation shall not be ordered if the relocating parent demonstrates that the child's best interests would be served by the relocation.

In evaluating the best interests of a child in determining custody in the case of a proposed relocation of one parent, the trial court may appropriately consider several factors including: the advantages of the relocation in terms of its capacity to improve the life of the child; the motives of the custodial parent in seeking the move; the likelihood that the custodial parent will comply with visitation orders when he or she is no longer subject to the jurisdiction of the courts of North Carolina; the integrity of the noncustodial parent in resisting the relocation; and the likelihood that a realistic visitation schedule can be arranged which will preserve and foster the parental relationship with the noncustodial parent.

The court, in reaching its final decision, shall not consider whether the custodial parent seeking to relocate has declared that he or she will not relocate if relocation of the child is denied.

When deciding whether the custodial parent can relocate with the child, the court will consider all relevant facts within the case.

When considering a case in which the custodial parent wants to move away with the child, the court will consider whether the move is in the best interest of the child, how the move will affect all of the parties involved, and whether the move will impose any increased costs on the parties.

Though payments are typically disbursed to a custodial parent, they are legally considered as those funds necessary to the child's comfort, safety, and well - being, and thus are an obligation due to the child and not the parent who may be a former spouse or partner.

Custodial parents considering romantic relationships with such folks should understand beforehand the pitfalls that may occur should the relationship lead to marriage or children and a subsequent relocation.

When (re) marrying, few custodial parents consider that they could lose custody or stress their marriage by marrying someone prone to relocation.

The court in this case considered three issues: i) how, under the existing legislation, the court should set a minimum term when imposing a sentence of imprisonment for public protection where it is imposed upon a prisoner who is already subject to and serving an existing custodial term; ii) How the court should approach, as a matter of principle, imposing a sentence of imprisonment upon someone who is already serving a sentence of imprisonment for public protection and whether in the circumstances of a case such as this some adjustment, if it is otherwise permissible, may be made to the term which he is destined to serve before release may be considered; and iii) how in such circumstances, if it is permissible to do either the first or second as a matter of principle, the court should approach the time spent in custody.

The Prosecutor should also consider whether a custodial sentence would be appropriate if the accused is subsequently found guilty.

Accordingly, [the mother] and / or [the father] do not have general preferential custodial status over [the grandmother] simply because they are the biological parents of [the boy], but the difference in their blood relationships with [the boy] will be one of the factors considered by the court in determining [his] best interests.

Wyoming courts do not consider the gender of the parents when making custody decisions, so either the mother or father may be the primary custodial parent.

The Financial Crimes Enforcement Network (FinCEN) has released new guidance for custodial bitcoin exchanges and payment processors, ruling that such companies may be considered money services businesses under US law.

In order to be considered eligible for this position, it is imperative that you possess exceptional knowledge of custodial work processes, and safety procedures.

These do not conform to the conditions set out in rules 1 (arrest as last resort), 13 (non-custodial sentences), 14 (sentencing factors) and 15 (where custodial sentences are considered necessary, for the shortest possible time).