Sentences with phrase «custodial arrangement in»

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.

Not exact matches

It is always better, in case of couples who are going in for a divorce, to decide upon a custodial arrangement that is agreeable to both parties.

The courts in these cases noted that, under certain custody arrangements, non-custodial parents may have visitation schedules that rival those of the custodial parents and at a similar cost.

ML Wealth does not participate, at this time, in wrap fee programs, which are arrangements between broker - dealers, investment advisers, banks and other financial institutions and affiliated and unaffiliated investment advisers through which the clients of such firms receive discretionary investment advisory, execution, clearing and custodial services in a «bundled» form.

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.

Even though custodial arrangements may have been agreeable at one time, parents may experience a change in circumstances that results in the need for modification.

Many parents will share the custodial rights in a joint custody arrangement, or by an order giving the access parent extra rights.

Any details concerning child support or custodial arrangements that are included in a prenuptial agreement in Alabama will not be upheld by the court.

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.

In most instances, when a child's custodial parent moves in with a new partner, remarries, or enters into a shared living arrangement, it will not affect the amount that a non-custodial parent payIn most instances, when a child's custodial parent moves in with a new partner, remarries, or enters into a shared living arrangement, it will not affect the amount that a non-custodial parent payin with a new partner, remarries, or enters into a shared living arrangement, it will not affect the amount that a non-custodial parent pays.

In a typical custody / visitation arrangement or order, one parent will be deemed the «custodial» parent and the other the «non-custodial» parent.

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 childreIn 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 childrein court regarding their recommendation about the best custodial arrangement for the children.

However, where the parents have a shared custodial arrangement, the trial court was required to make a full redetermination of what custody order was in the best interests of the children.

While in most cases Arizona families are able to work around the parameters of the custodial plans they are bound to follow, in some situations following a child custody arrangement can be downright frustrating.

Parents who foster cooperative shared custodial arrangements after a divorce can minimize some of the anxiety and adjustment that comes with divorce, explains psychologist Lesley Foulkes - Jamison, a former therapist of Clinical Psychology Associates of North Central Florida who now works in private practice in South Carolina.

According to research, about half of all children in joint physical custody see both parents at least weekly, compared to one in 10 children in traditional custody arrangements (custodial mother, noncustodial father).

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.

For every rare couple (usually unremarried) who professes satisfaction with a shared custodial arrangement, many more honestly will admit that «Yeah, we tried that for X number of years while we still lived in the same town, and it was a nightmare... now we get along pretty good.»

Even if the custodial parent is otherwise «fit,» such bad faith conduct may be relevant to a determination of what permanent custody arrangement is in the minor children's best interest.

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 childreIn 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 childrein court regarding their recommendation about the best custodial arrangement for the children.

This change in the law eliminates the terms «custody», «custodial» and «non-custodial parent», «primary residence», «primary residential parent» and «visitation» from all statutes in exchange for shared parenting plans and time - sharing arrangements.

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.

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.

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

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 caretakeIn 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 caretakein 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 (Coloin 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 (Coloin circumstances in a case that did not involve shared physical custody), and In re Marriage of Garst, 955 P. 2d 1056 (Coloin a case that did not involve shared physical custody), and In re Marriage of Garst, 955 P. 2d 1056 (ColoIn 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.

While the amount of child support paid depends in part on the custody and visitation arrangement, the two issues are separate and the custodial parent can not withhold visitation if the noncustodial parent refuses to pay child support or falls behind.

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 documentIn 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 documentin 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 documentin describing our arrangement, rather than in terms of custody / primary and non - custodial / access as may be defined in other legal documentin terms of custody / primary and non - custodial / access as may be defined in other legal documentin 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.

Document agreed - upon changes to the custodial arrangements, providing objective evidence and an audit trail in the event of future disputes.

In the absence of abuse, equal parenting will be the default custodial arrangement.

In this proceeding, a court will either alter the child custody arrangement, in favor of the non-custodial parent or a court may leave the current custodial agreement intacIn this proceeding, a court will either alter the child custody arrangement, in favor of the non-custodial parent or a court may leave the current custodial agreement intacin favor of the non-custodial parent or a court may leave the current custodial agreement intact.

, a series of peer - reviewed articles have pointed to success in changing custodial or residential arrangements in favour of the targeted parent.

In other words, when a court issues a custody order, it typically will not order a change to the arrangement unless there's been a significant change of circumstances — a change so significant that the best interests of a child are no longer served by the existing custodial arrangement.

[FN180] Such a practice in turn, may raise due process questions since the custodial arrangements available to families living in poverty would be limited by virtue of their status.

Normally the courts encourage settlement, in which the parents stipulate to a custodial arrangement without court investigation or intervention.

This did not mean that joint custody was unavailable in the jurisdiction because such custodial arrangements were accepted by courts where both parties consented.

(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.

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».

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.

Divorced parents in Utah have a parenting plan that determines their custody arrangement and the parenting plan may include a provision that allows the custodial parent to move out of state with the children.

(2) In determining visitation arrangements, if the judicial officer finds by a preponderance of the evidence that an intra family offense has occurred, the judicial officer shall only award visitation if the judicial officer finds that the child and custodial parent can be adequately protected from harm inflicted by the other party.

However, the court also found that the relocation of a child by the parent of primary residence from one location in New Jersey to another may have a significant impact upon the relationship between the child and the non-residential custodial parent, and in those circumstances it may be necessary to modify the terms of the custodial and parenting - time arrangement.

Embarking on that assessment should rarely, at least in contested cases, escape the difficult analysis of what will indeed be the best custodial arrangement.

In fact, we reached a major milestone in the past decade: for the first time since the mid-19th century, custodial arrangements that did not provide sole custody to mothers constituted a majoritIn fact, we reached a major milestone in the past decade: for the first time since the mid-19th century, custodial arrangements that did not provide sole custody to mothers constituted a majoritin the past decade: for the first time since the mid-19th century, custodial arrangements that did not provide sole custody to mothers constituted a majority.