Sentences with phrase «custody by»

Many states — Arizona is a leader on the issue — are redefining the issue of parenting after divorce from a demand for custody by one parent to a requirement that both parents work together to create a «parenting plan.»
Many claims for joint custody by fathers are based on a desire to share in decision - making, rather than a desire to share in the day - to - day caregiving of children.
[FN78] Consequently, the opportunity to abuse joint custody by using it as a means to avoid child support or to maintain control over a partner without acquiring any greater childrearing responsibilities is considerable.
In my view, the issues of particular importance to this inquiry are preventing Indigenous deaths in custody by reducing the rates of incarceration and recidivism; and establishing a formal system for the consideration and implementation of coronial recommendations by the Western Australian government.
The family court in Shawnee county, KS has some serious issues with reacting impulsively and approving sole custody by default because the other parent was not there... knowing they aren't dead, realizing that 2 notices were sent and returned with «not at this address» so parent was probably only absent because they never received word of this very important, life altering hearing - not because they felt they were above the law as indicated via court records then to seal the final decision, the judge shouldve reviewed any past files taking note of any past complaints / concerns to the court regarding alienating parent doing just that and automatically recommend a continuation and make clear that court was not to move forward until they get a hold of the absent parent and allow them their right to be there... because that would've been 100 % in the best interest of the child.
During parent fitness evaluations, if there are findings of abuse or neglect, there may be an assumption of custody by the state or to another parent at least until there is an implementation of a rehabilitation plan.
For example, in California, a court finding of domestic violence within the past five years also creates a presumption against joint or sole custody by the perpetrator that can only be rebutted by a preponderance of the evidence.
Brilliant article on the use and misuse of science in post-divorce moveaways, and related issues of child custody by Professor Carol S. Bruch, Distinguished Research Professor of Law and Professor Emerita, University of California, Davis; Visiting Scholar, UCLA Center for the Study of Women (2004 - 2005) rdgardner richard gardner carol bruch carol s bruch parental alienation syndrome comments
The GAL functions as a representative of the court, appointed to assist the court in making its determination of custody by advocating for the best interest of the children and providing the court with an objective view.
Dr. «Smith» will conduct a custody evaluation of Mr. «Jones», Ms. «Jones» and their children and will submit a report to the Court along with his recommendations regarding custody by September 1 2012.
Utah courts decide child custody by determining the best interests of the child.
This book tells a hear - wrenching story of divorce, child neglect and the resultant fight for custody by Pat Carroll to save his children.
The issue also offers an array of helpful answers to frequently asked questions answered by local divorce lawyers and other divorce professionals, a financial health check - up quiz, and an overview of the debate on whether 50/50 joint custody by parents should be the starting point in any divorce settlement.
The purpose of the alienation is often intended to gain or retain custody by creating various conflicts and allegations to manipulate attitudes, feelings and behavior.
The court helped him get physical custody by doing nothing to protect her.
Once you file the necessary forms, you must inform your spouse of your petition for custody by having the sheriff serve him with a copy of the petition along with a summons.
In some states, such as Massachusetts, you and your spouse have joint legal custody by default after you file for divorce; this lasts until an order or decree is issued that states otherwise.
Perhaps one party has a more demanding job than the other so in this case joint custody by the physical definition may not make sense.
If it is possible to resolve custody by agreement it is likely the judge would approve the agreement which avoids court over these issues.
In all the jurisdictions, judges award disputed custody by deciding which parent serves the «best interest of the child» — a phrase that means what the judged says it means.
The court approves joint or sole custody by the parents or, in some cases grandparents or other relatives.
If you're still married to the other parent of your children and a court custody order already exists or you are requesting court intervention for the first time, you can ask the court to award you full custody by filing a Petition for Custody and Support of Minor Children, also know statewide as Form FL - 260, with the clerk of the court.
If you're awarded sole custody by the court, you are granted both legal and physical custody, giving you the power to make all major decisions about your child's life.
NPO founder Dr. Ned Holstein said that the shared parenting law will finally eliminate the tragic heartaches and suffering of divorce and separation, as well as the obsolete family courts» approach of sole custody by promoting equality and co-parenting.
If the other parent files for custody first and seeks sole custody, you must indicate in your response that you are seeking joint custody by filing either the Responsive Declaration to Request for Order form or the Response to Petition for Custody and Support of Minor Children form.
In 2005, the Texas Legislature revised child custody by requiring that the parties or a judge develop a parenting plan to allocate rights and duties.
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.
Chapter 14 of The Consolidated Domestic Relations Laws provide that the court determine custody by considering several factors related to the best interest of the child.
Cruz, who reportedly used an AR -15-style automatic rifle, was taken into custody by the Broward County Sheriff's Office at about 4 p.m. EST at a home not far from the school, authorities said.
It appeared that the petitioner was not in the military service of the United States, but was held in custody by military authority for trial before a military commission upon charges founded upon the publication of articles alleged to be incendiary and libelous, in a newspaper of which he was editor.
Proof of a change of circumstances justifying reevaluation of child custody by the court pursuant to MCL 722.27 (1)(c) requires evidence demonstrating a material change, more than merely just a normal life change, that has or will occur during the life of the child that has, or will certainly have, an effect on the child.
(1.3) A child shall be taken into temporary custody by a law enforcement officer without order of the court when there are reasonable grounds to believe the child has run away from the child's parents, guardian, or legal custodian and the child's parents, guardian, or legal custodian has made a report to a law enforcement agency that the child has run away from home.
They said that such laws only applied to people held in custody by British troops, refusing to extend that protection to those injured or killed by such soldiers on the streets of Iraq.
The percentages were assigned to these categories after considering the treatment of joint custody by other states and examining published data from the Bureau of Labor Statistics» Consumer Expenditure Survey.
If you've been arrested and kept in custody by a police officer or Justice of the Peace, you'll appear in Provincial Court as soon as possible.
I know of numerous cases in which a custodial parent relinquished custody by agreement because that parent was denied permission to relocate on a temporary basis.
Release from custody by officer in charge where arrest made with warrant 499 (1) Where a person who has been arrested with a warrant by a peace officer is taken into custody for an offence other than one mentioned in section 522, the officer in charge may, if the warrant has been endorsed by a justice under subsection 507 (6),
Release from custody by peace officer 497.
Ontario lawmakers believe that the child's «primary caregiver» is the one likely to be granted full custody by the court.
When anyone is taken into custody by the police and thereafter charged with even a minor offence the Crown will often request «bail conditions» that will sometimes be agreed to by an unsuspecting accused who in the heat of the situation fears he will be subject to further incarceration if he / she does not agree to the «bail conditions».
(3) In determining the sentence to be imposed on a person convicted of an offence, a court may take into account any time spent in custody by the person as a result of the offence but the court shall limit any credit for that time to a maximum of one day for each day spent in custody.
Arrest: The taking of a person into custody by an officer of the law.
They include two legal - aid lawyers from Texas who will discuss their role in last year's Texas Supreme Court ruling ordering the return of children taken into custody by state authorities in the raid on the Yearning for Zion Ranch.
Teresa Jo Burchfield, 53, was taken into custody by jailhouse guards after they reportedly found her in the back seat of a car in a parking lot adjacent to the Fauquier County Adult Detention Centre.
Karen Rogers, specialist Inquest lawyer at Tuckers dealing with deaths in custody cases, has welcomed the Independent review deaths and serious incidents in police custody by Dame Elish Angiolini.
I went to court to get joint physical custody by able to bring my child here in Fl for the three months of summer and holiday and school break while her mother keeps her for the other nine months of the year.
PROTEST RALLY SOCIAL ACTIVISM HONG KONG Many protest rallies are occurring around the world this weekend, of of which are calling for the release of Chinese artist Ai Weiwei, taken into custody by Chinese police last week.
Schnabel, who has galleries in St. Moritz, Switzerland, and New York, was allegedly found to be in possession of Psilocybin, the scientific term for the Schedule I drug, and taken into custody by Pershing County Sheriffs department, which confirmed the arrest.
Both dogs were taken into custody by animal control.
Approximately 2,000 animals a year are taken into custody by PETA annually, of whom roughly nine out of 10 are immediately injected with a fatal dose of poison.
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