Two of the most important factors family lawyers in Leesburg work on are establishing
custodial arrangements for children when the parents are separating or have an insufficient agreement in place and are establishing child support.
The custodial arrangement for the child or children is the determination of which parent the child or children will primarily live with.
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.
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.
When parents do not agree about
the custodial arrangement for their children, a Mississippi court will examine the best interests of the children in determining custody.
Not exact matches
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.
This appoints an expert psychologist to render an opinion regarding the best
custodial and parenting time
arrangement for that particular
child and family.
(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.
Physical custody, which means where
children reside, may be an equal and shared physical custody
arrangement where a
child's time is evenly split between two homes, or an
arrangement where the
child resides with the primary
custodial parent and the visitation schedule allows
for parenting time with the non-
custodial parent.
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.
(4) The court shall attempt to minimize impairment to a parent -
child relationship caused by a parent's relocation through alternative
arrangements for the exercise of
custodial responsibility appropriate to the parents» resources and circumstances and the developmental level of the
child.
In order to determine if such a shared custody
arrangement existed, the court stated that the critical factor in making such a determination is the division of time regarding «each party's responsibility
for the
custodial functions, responsibilities and duties» normally performed by the
child's primary caretaker.
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 (Col
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 (Col
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..
The
custodial parent has an obligation to provide disclosure: Similar obligations to disclose financial information prior to commencement of court action are placed upon recipients of
child support where a
child support order has provided
for special or extraordinary expenses, where undue hardship was invoked, where unusual debt loads were considered, where special
custodial arrangements were in place, or where incomes are over $ 150,000.00.
With the failure to take into account the individual needs of the family, the above
arrangement, very often, placed a huge burden
for the
custodial parent who would have to the day to day parenting responsibility, while at the same time the non-
custodial parent became the fun parent whose time with the
children was weekend play.
A legally ordered
arrangement,
for parents who do not live together, by which neither parent is considered the sole
custodial parent but equally share the rights and responsibilities
for raising the
child (ren).
These factors include how dependant the
child's sense of stability is upon the current
custodial / time sharing
arrangement, how far away the relocation destination is from the non-
custodial parent, the age of the
child or
children, the relationship between the
child and both parents, the relationship between the parents and whether they are capable of facilitating a continued relationship between the
child and the non-
custodial parent from a distance, the
child's wishes if she is appropriately mature, and the reason
for the relocation.
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.
The
child - care facility will likely ask
for copies of your most recent custody and visitation orders to verify the
custodial arrangement.
(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 possible sanctions include: compensatory time with the
children; economic sanctions
for costs incurred by the non-violator parent due to the other parent's custody or parenting time violation; modification of the existing transportation (pick up / drop off
arrangements)-- including changing the exchange location to a public place; ordering counseling
for either or both of the parties and / or the
children at the expense of the violator; ordering a temporary or permanent modification of the parenting time and
custodial arrangement if under the circumstances this relief is in the best interests of the
children; ordering the violator to participate in a community service program; incarceration of the violator with or without work - release; issuance of a warrant to be executed if the violator persists in failing to comply with court orders; any other appropriate equitable remedy.
Additionally, our Supreme Court noted Pennsylvania courts require the following considerations in relocation cases: (1) the economic and other potential advantages of the move; (2) the likelihood the move would substantially improve the quality of life
for the
custodial parent and the
children and is not the result of a whim of the
custodial parent; (3) the motives behind the parent's reasons
for seeking or opposing the move; and (4) the availability of a realistic substitute visitation
arrangement that will adequately foster an ongoing relationship between the non-
custodial parent and the
children.