Sentences with phrase «custody awards where»

Joint - custody awards where practical are becoming increasingly more common.

Not exact matches

A family court's award of joint custody will determine where the child will physically live and when, and the court will also make a determination regarding how major decisions regarding his health, education, and religious needs will be made.

A Wisconsin court will award joint custody in cases where parents can cooperate in performing their responsibilities toward their children.

While the courts in Iowa do lean toward joint custody or an arrangement that allows generous visitation, there are situations where the court will award sole custody to one parent.

The court awards custody in the following order of preference unless in a particular case the best interest of the child requires otherwise: to both parents jointly or to either parent; to a person or persons in whose home the child has been living and where the child has had a wholesome and stable environment; to any person related within the third degree of consanguinity; to any other person or persons whom the court finds suitable and able to provide proper care.

As in most cases where one parent is awarded physical custody, Father is given visitation rights as the non-custodial parent — entitling him to exclusive time with Child every other weekend, on alternating major holidays, and for four consecutive weeks over Child's summer vacation.

Courts in South Carolina, where the adoptive parents lived, awarded custody to her birth father because ICWA's adoption procedure had not been followed.

However, there are situations where it may not be awarded such as if one parent is deemed unfit or if it would be in the child's best interests for one parent to have sole legal custody.

The court may award joint custody, where the parents share decision - making for the children, or sole custody, one parent having control over and parental responsibility for the care, upbringing and education of the child.

Sole custody is only awarded in cases where there is a history of abuse and / or limited or hostile communication between parties, proven in court.

The Japanese courts purported to acknowledge that he had custody of the child, which he had been awarded in Wisconsin, where the child was born and lived, but then decided that the child should stay in Japan with her Japanese mother because by that time the delays had been such that she had already been in Japan for a significant period of time.

Wealth of the Parent: the court will typically prefer to award custody to a place where the child has suitable space, a safer neighborhood, adequate food and clothing, etc..

Because both parents can created a situation of absolute deadlock where joint custody has been awarded, each situation that results in an impasse requires the intervention of the Family Courts.

Through my divorce and custody practice, deserving Father / Clients have been awarded primary custody of their children, and in cases where is it appropriate, I fight for shared parenting orders so that my Dad clients enjoy the same rights, responsibilities and parenting time as the Moms do.

This is the form of custody that is usually awarded to the parent living in the marital domicile, where the child has been accustomed to living.

Does anyone have Court of Appeal cases where by custody is awarded to the father or shared custody is awarded?

But where the court deems it just, damages awarded in an action under this section may be taken into account in assessing damages in any other proceeding arising out of the failure of the organization to protect personal information in its custody or under its control.

Factors considered by the court when awarding custody may include the age of the parent and child, the physical and mental condition of each parent and child, the relationship existing between each parent and each child, the needs of the child, the role played by each parent in the upbringing and caring for the child, the home where the child will live, and the child's wishes if the child is of sufficient age, intelligence, and maturity to make such a decision.

Some of the recent decisions, both from trial and interim applications, awarding equal time shared parenting and joint custody where one parent typically sought to be the sole custodial parent with «access» to the other parent every other weekend are as follows.

Sole legal Custody describes an arrangement where one parent is awarded exclusive decision - making power with regard to the best interests of the minor children.

So, in cases where the custodial parent has the child for a majority of the time, the non-custodial parent has the burden of convincing the court that there is a «change of circumstances» that require the court to award custody to the non-custodial parent.

The court may also award sole custody, where one parent makes such decisions.

In cases where the parent seeking sole custody provides evidence of abuse or that a pattern of abuse exists, the court will presume that it is against the child's best interests to award the abusive parent physical or legal custody.

Most relocation cases involve situations where one parent has been awarded sole custody or primary physical custody of a child.

Custody and visitation terms are set, alimony is awarded where applicable and your marital property and debts are divided between you.

Joint custody is unquestionably awarded at a far higher rate than sole custody in most jurisdictions where joint custody is available.

The court may award one of three types of custody arrangements: joint legal custody to both parents, where one parent is responsible for residential custody; joint physical custody, where both parents provide homes for the child; or sole custody to one parent with visitation, also called «parenting time,» allowed to the non-custodial parent.

Joint custody may be not always be awarded in cases where the child's well - being is at risk with one of the parents.

Note that an award of legal custody — the right to make important decisions for the child — may differ from physical custody — where the child will primarily reside — and an award of visitation rights, which is the right to spend time with the child.

if that parent moves into a dangerous neighborhood and you can prove this, there have been cases where the parent in a better neighborhood was awarded primary custody.

During your divorce, the court awards physical custody — which determines where your child resides — to either you, your spouse or both of you.

In a case where one parent is granted sole custody, the other parent is usually awarded visitation.

In the instance where one or both parents may be determined unfit, absent, dead, in prison or dangerous to the child's well - being; custody may be awarded to a grandparent or other relative, a foster parent, orphanage, or other organization or institution as may be determined by the court to be in the best interest of the child (en).

Through my divorce and custody practice, deserving Father / Clients have been awarded primary custody of their children, and in cases where is it appropriate, I fight for shared parenting orders so that my Dad clients enjoy the same rights, responsibilities and parenting time as the Moms do.

A judge can award sole custody to one parent, especially in cases where it can be proven that one parent is unfit to raise a child, usually due to financial, drug, or alcohol issues.

Of course, there are exceptions; for example, I just completed a trial where my client was properly awarded sole legal and primary physical custody.

A general reference to the parent with whom the court has awarded physical custody (where the children will primarily reside), or legal custody (gives the parent the right to make decisions in the best interest of the child (ren)'s welfare).

Much more common than true joint custody arrangements (where both physical and legal custody are shared) is «joint legal custody,» in which both parents share the right to make long - term decisions about the raising of a child and key aspects of the child's welfare, with physical custody awarded to one parent.

As in most cases where one parent is awarded physical custody, Father is given visitation rights as the non-custodial parent — entitling him to exclusive time with Child every other weekend, on alternating major holidays, and for four consecutive weeks over Child's summer vacation.

In cases where there is little to no conflict between co-parents, it is often seen as being in the best interest of the child to award shared child custody.

In cases where sole physical custody is awarded to one co-parent, courts will typically grant visitation rights to the non-custodial co-parent.

In many cases where joint custody is awarded, both co-parents will share physical custody of the child but only one co-parent will be awarded sole legal custody of the child.

In cases where sole physical custody is awarded to one co-parent, Maryland child custody laws will typically grant visitation rights to the non-custodial co-parent.

In cases where the court does not award joint custody, sole custody with generous visitation is an alternative that allows both parents to be involved.

A family court's award of joint custody will determine where the child will physically live and when, and the court will also make a determination regarding how major decisions regarding his health, education, and religious needs will be made.

A Wisconsin court will award joint custody in cases where parents can cooperate in performing their responsibilities toward their children.

The court can award joint custody if there are special facts in cases where there is a history of domestic abuse.

The court may also award joint or shared custody, where the child lives and spends time with both parents and the parents are responsible for agreeing on major decisions for the child.

Generally, courts will only award sole custody when it is found to be in the best interests of the child, such as where a parent is unfit to care for the child.

In child custody cases where primary residential custody is awarded, that parent often will retain ownership of the family home to ease the transition for the child.