Sometimes, divorced parents want to modify
a custody arrangement because the current routine no longer works for either or both of them.
Shared custody agreements tend to be more complicated than sole
custody arrangements because the amount of time that the child spends with each parent can affect child support awards as well as the child's legal residence for school.
Not exact matches
Fathers often have a particularly difficult time
because they are usually the non-custodial parent and operate at a disadvantage based on the
custody arrangements mandated by the courts.
This is
because child
custody laws in most states favor
custody arrangements that allow both parents to maintain a close and loving relationship with their child.
Because children change as they grow up, she argued, visiting and
custody arrangements should be renegotiated every few years.
True joint
custody arrangements are rare
because of their potential to cause both personal difficulties (stress, disruption of child's routine) and practical problems (scheduling, costs of maintaining two permanent living spaces for the child).
During a child
custody hearing, it is important for a judge to understand the parents»
arrangement because the court does not want to interfere with a
custody arrangement that seems to be working.
Because of my
custody arrangement and my two teen sons, one of my must - haves was «fairly close» to where I reside.
The law gives preference to students living in the district, students moving
because their parents are active - duty military personnel or students moving
because of foster care placement or court - ordered
custody arrangements.
This is
because such scenarios give rise the a legal issue of whether the circumstances and preferences of the parents should be allowed to dictate the child's living circumstances, whether such moves should be allowed and by whom, and — if so — what happens to the
custody and access
arrangements that are in place.
Although no federal laws specifically address
custody, parental responsibility, visitation or time - sharing issues in military divorces, these issues are often made more challenging
because service members» obligations to their jobs require extra flexibility and creativity in creating parenting plans and time - sharing
arrangements that will work for both parents as well as serve the best interests of the children.
Child
custody arrangements may be changed
because of a substantial change in circumstance.
That's
because custody is about the decision - making responsibility, not the living
arrangements.
After parents receive a court order for
custody or have negotiated a parenting plan, either parent might want to change the
arrangement because of an impending move.
Because this process can take time and creates uncertainty, one or both spouses may file temporary orders requesting certain alimony or child support amounts as well as
custody arrangements that will remain in effect until the divorce decree is entered.
As a rule, the court does not change a child
custody arrangement that appears to be working for parents and child
because the court's concern is the best interests of the child.
Unfortunately, it is just as certain that many were unable to be with their children
because of a one - sided
custody arrangement.
Even if a morality clause is not present in the decree, the other parent could still challenge
custody by arguing the
arrangement is not in the child's best interests
because the boyfriend, for example, abuses drugs or alcohol or has been convicted of a sexual offense.
If you are given sole
custody, the court will recalculate your child support payment
because of the new
custody arrangement.
However,
because courts prefer continuity for kids in divorce situations, it's not uncommon for a judge to order temporary
custody based on the de facto
arrangement.
Because sole
custody typically involves fewer transitions from one house to another, children may also benefit from the stability provided by these
arrangements.
Because of this, be cautious in describing your
custody arrangement if you are thinking of sharing
custody of a child or children.
This was a really big move in terms of Texas child
custody laws,
because until this time the process generally favoured the mother in any such disputes, and so these changes marked a sea - change not only in terms of the practical day - to - day
arrangements for dealing with child
custody arrangements in Texas.
Because custody decisions are made according to a child's best interests, there is a presumption within the law that the current
custody arrangement is best for the child.
Courts in Mississippi do not like to disrupt children's lives
because of divorce, so whatever
custody arrangement the court awards during the temporary hearing is likely to carry over into the final decree, especially if it's working well and has become the norm.
For instance, if there are children involved, making the decision to divorce can be much more complicated
because there are many more issues to deal with such as parenting plans,
custody arrangements, child support, and, of course, how the divorce will affect the children.
Because 95 % of all joint
custody awards are for joint legal
custody 6 the living
arrangements are exactly the same as under a sole -
custody / visitation order.
Further, as respecting possible modification,
because of past issues of the defendant failing to comply with orders of the court; providing token compliance with orders of the court while ignoring the spirit and intent of the orders (including the orders dated December 1, 2010); the defendant's lengthy pattern of contemptuous conduct; the expenses and financial waste caused by the defendant; the substantial financial drain on the resources of the plaintiff and the guardian ad litem caused by the defendant; the pattern of parental alienation; prior false reports of abuse and / or neglect to governmental entities; and the need for repose on the part of the minor child, it is anticipated that in addition to satisfaction of the foregoing conditions, no modification motion is permitted to be filed by defendant regarding the sole physical and / or sole legal
custody arrangements, except in the case of the plaintiff's total and permanent disability as determined by the Social Security Administration, unless the following conditions are satisfied...» Eisenlohr v. Eisenlohr, 2011 WL 1566201 at * 4 (Conn.Super.).
True joint
custody arrangements are rare
because of their potential to cause both personal difficulties (stress, disruption of child's routine) and practical problems (scheduling, costs of maintaining two permanent living spaces for the child).
Split
custody arrangements are uncommon
because most parents and courts think it is best for siblings to remain together after a separation or divorce.
In a study of twenty - four highly motivated California families who pioneered joint
custody on their own prior to the law's express authorization of joint
custody, while most children adjusted, twenty - five percent were confused and unhappy
because of the demands of living in two households and remained stressed by the living
arrangements.
The
custody issue can become confusing, however,
because states often use different terms for the same type of
custody arrangement.
When the divorce rate rose in the»70s and courts had to start declaring
custody arrangements, the experts recommended primary mother care
because they didn't have data for anything else.
«The authors conclude that
because their sample of joint
custody arrangements included relatively wealthy families with fewer children and cooperative relationships at the time of divorce, the findings can not support increased imposition of joint
custody arrangements.»
This did not mean that joint
custody was unavailable in the jurisdiction
because such custodial
arrangements were accepted by courts where both parties consented.
It must follow that all of those costs must be the «increased costs of the shared
custody arrangements»
because the Guidelines in their basic design assumed that the access parent formerly had absolutely no costs at all for the child.
The fact that they're in court litigating the parenting
arrangement because they don't agree on joint
custody makes this unlikely.
The SPI assumes that
because one or several divorces are failing under single parenthood and would work better under joint
custody, that all
custody arrangements must fail unless they are joint
custody.