Sentences with phrase «custodial arrangement as»

Not exact matches

(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.

However, this case aside, the «bird's nest» custodial arrangement will not be accepted by the judiciary as a co-parenting option to be ordered without the agreement of the parties as a standard practice.

In a traditional divorce, Psychologists are used as expert witnesses to perform Custody Evaluations and then provide a written report or testify in court regarding their recommendation about the best custodial arrangement for the children.

The noncustodial parent must make other arrangements to pay the missed payments directly to the custodial parent or state agency as directed by the income withholding order.

The rights of a custodial parent can vary by jurisdiction as well as the terms set forth in a parenting plan established in a divorce settlement or legal custody arrangement.

This article will examine recent decisions concerning the relocation of the custodial parent in sole or primary physical custody arrangements as well as the proposed relocation of a parent in cases involving a joint custodial arrangement, including both joint legal custody and joint physical custody.

The court will only modify a custody order upon a demonstration of a material change of circumstances, which means that the existing custodial arrangement is no longer in the best interests of the child, such as when a serious health problem prevents a parent from taking care of a child.

In a traditional divorce, Psychologists are used as expert witnesses to perform Custody Evaluations and then provide a written report or testify in court regarding their recommendation about the best custodial arrangement for the children.

Typically, the non-custodial parent pays child support to the custodial parent in order to help with the financial responsibilities of raising the children, but there can be other family arrangements, such as child support paid to a non-spouse or a third party.

The court stated that this concern with the nature of the parties» custodial arrangement was not dependent on the terms used by the parties to describe their arrangement as the terms of their agreement and the divorce judgment indicated that the parties only had joint legal custody.

For this reason the concept of joint custody developed in the 1970s and 1980s as an alternative to the traditional single parent custodial arrangement.

For other cases holding that proposed relocation requests which would result in the effective termination of a shared physical custodial arrangement should be treated as a modification of custody, see, e.g., Lewellyn v. Lewellyn, 351 Ark. 346, 93 S.W. 3d 681 (2002)(both mother and father petitioned for sole custody of children after mother's proposed relocation would make parties» shared physical custodial arrangement unworkable; court found that mother's relocation constituted material change of circumstances warranting award of sole custody to father, even though such a relocation would not be considered a material change in circumstances in a case that did not involve shared physical custody), and In re Marriage of Garst, 955 P. 2d 1056 (Colo..

Although a guardianship includes many of the same legal rights as the rights held by a custodial parent, guardianship and custody are distinctly different arrangements.

Terminology: In order to reaffirm our commitment of raising our child (ren) in a dual - household status, we choose to use the terms «live with mother» and «live with father» in describing our arrangement, rather than in terms of custody / primary and non - custodial / access as may be defined in other legal documents.

In a full custody arrangement, one parent is the custodial parent, while the other parent is generally granted generous visitation rights as determined by the court.

If a non-custodial parent sets up an informal arrangement with the custodial parent, the non-custodial parent should retain proof... MORE of all payments made such as check stubs or receipts for purchased items.

These factors are: (1) the potential advantages of the proposed move and likelihood the relocation will substantially improve the life of the custodial parent and child as well as whether the move is the result of a momentary whim by the custodial parent; (2) the integrity of both parents» motives - for the move and opposing the move; and (3) whether there are alternative custody or visitation arrangements that can be made that will foster an ongoing relationship between the child and noncustodial parent.

(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

A state court may initiate contempt proceedings against the parent or use the parent's relocation as a reason to change the custodial arrangement in favor of the other parent.

If the parties have a shared custody arrangement than the court will view the custodial parent's application to relocate as a change in custody application — which triggers an evaluation of whether the move would be in the «best interests of the child».

If the parties do not have a shared custody arrangement then the court will view the custodial parent's application to relocate as a removal application, which triggers an initial review and analysis of the following 2 factors: