It's true that it used to be easier for mothers to gain full
custody of their children because of outdated thinking that said mothers were more nurturing.
It's heartbreaking to see young parents who are losing
custody of their children because they continue to use drugs.
A Mom in Durham, NC recently lost
custody of her children because she was diagnosed with breast cancer.
When actress Choi Jin - sil, who had sole custody of her two children after divorce, committed suicide in October 2008, there was heated discussion over who should be awarded
custody of the children because the actress» mother did not want the father to raise the children, and many pointed out that the system needs to be overhauled.
Non-parental custody is often a temporary order and is seen most often in cases when a grandparent or other relative is given
custody of a child because the parents are unable to care for the child.
In the late 1800s fathers were granted
custody of children because they were considered property.
A common fear of parents with disabilities is that they may lose
custody of their child because of their mental or physical medical conditions.
Provides for cash assistance if the court has placed a child with a nonparent relative, the child's parents are deceased and the child is living with a such relative, or if a non-parent relative has
custody of the child because the child is abandoned.
It was believed that it would lead to fewer fights over
the custody of children because it was more equal.
One also can not gain
custody of a child because of unsupported accusations of domestic violence, Semerad says.
Not exact matches
lmao sure tell that the the hormone driven teens
of the world... you can only have woopie if your going to marry, marriage will go through the roof... but so will divorce and lawyers will love that mentality
because child custody battles make them loads
of money and let's not forget the physcologist / phychiatrists that will make big money having to help all these emotionally damaged adults that were dragged through
custody battles due to the fact their genetic donors procreated when it was the best time for them.
Because women more strongly want to keep their
children with them, in states where there is a presumption
of shared
custody with the husband the percentage
of women who initiate divorces is much lower.
In an exceptional case, Illinois
child protection authorities have taken a 6 - year - old boy from the
custody of a Champaign mother
because she was still breastfeeding him, allegedly against his wishes.
Choosing a good
child custody attorney can be difficult, particularly
because of the many highly emotional issues that emerge during
child custody proceedings.
Because a rebuttable joint interest is presumed to be in the best interests
of the
child (ren), the Court will consider joint
custody in most every case.
This is still considered joint physical
custody because the parent who has the
children on the weekend is spending pretty much equal time with them as the parent who has them from after school on Monday until beginning
of school on Friday since the weekend parent is with them all day Saturday and Sunday, as well as rest
of the day Friday.
However,
because joint
custody serves the best... MORE interests
of the
child, it is best for parents to find a way to deal with each other during those limited times.
Breech Twins and higher order multiples Previous CS Pre-Eclampsia Placenta praevia Cervical incompetence Previous late stillbirth Previous premature birth Grand multiparty Age under 18 Age over 35 Smoking Drug use Severe mental health issue Epilepsy Type 1 diabetes Type 2 diabetes Gestational diabetes Asthma GBS positive Abnormal antibodies Transplant recipient Congenital heart disease Known foetal abnormality Immunosuppressive medication MS Physical disability Intellectual disability Hypothyroidism Hyperthyroidism Previous shoulder dystocia Previous 3rd or 4th degree tear Sickle Cell anaemia BMI under 18 or over 35 at conception Previous massive PPH APH in current pregnancy HIV / AIDS Hepatitis B or C Active TB IUGR Oligohydramnios Polyhydramnios
Child previously removed from
custody because of abuse Uterine abnormalities such as uterine septum or double uterus Previous uterine surgery for fibroids Chronic renal problems Hypertension Auto immune condition Previous stroke or blod clot Cancer Domestic violence or abusive home Prisoners Homeless women
(borrowed from Dr Kitty) Breech Twins and higher order multiples Previous CS Pre-Eclampsia Placenta praevia Cervical incompetence Previous late stillbirth Previous premature birth Grand multiparty Age under 18 Age over 35 Smoking Drug use Severe mental health issue Epilepsy Type 1 diabetes Type 2 diabetes Gestational diabetes Asthma GBS positive Abnormal antibodies Transplant recipient Congenital heart disease Known foetal abnormality Immunosuppressive medication MS Physical disability Intellectual disability Hypothyroidism Hyperthyroidism Previous shoulder dystocia Previous 3rd or 4th degree tear Sickle Cell anaemia BMI under 18 or over 35 at conception Previous massive PPH APH in current pregnancy HIV / AIDS Hepatitis B or C Active TB IUGR Oligohydramnios Polyhydramnios
Child previously removed from
custody because of abuse Uterine abnormalities such as uterine septum or double uterus Previous uterine surgery for fibroids Chronic renal problems Hypertension Auto immune condition Previous stroke or blod clot Cancer Domestic violence or abusive home Prisoners Homeless women
Even when it is determined that the
child needs to spend time with both parents in order to thrive, courts are increasingly reluctant to award joint physical
custody because of the disruptions it causes
children.
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).
However, this exclusion may have lead to underestimating the number
of fathers that had talked with their
children's doctor
because fathers with sole
custody often have increased
child - caretaking responsibilities.
Prominent women's rights activists and elected officials are urging the Manhattan Democratic Party to rescind a sitting judge's nomination to a prestigious post,
because she allowed evidence
of an abortion to be presented in a
child custody case.
Kiarre Harris, whose
children were removed from her
custody by a Family Court judge, has filed civil rights complaints with both the U.S. Department
of Justice and the U.S. Department
of Education, alleging that both the school district and Erie County
Child Protective Services discriminated against her
because she is black.
Paul's mother, Gail Harris (Michelle Williams), can't afford the ransom
because she rejected alimony in return for
custody of her
children while divorcing John Paul Getty Jr. (Andrew Buchan).
In the meantime, the biggest question is who is to get
custody of Ruth (Elle Fanning, Daddy Day Care), the young daughter the couple had
because they thought bringing another
child into the world would help.
Because of the second tiebreaker rule (residence), the parent who has legal
custody of a
child is generally the parent who gets to claim the
child in cases
of divorced or separated parents.
Low - income families must fight these battles on their own
because — despite the fact that civil cases can result in people going to jail, or losing their home, health care,
custody of their
children or sense
of safety — there is no right to an attorney in civil legal proceedings as there is for criminal defendants.
Because the State
of California has a strong interest in the welfare
of children, parents can not agree in advance that a
child custody or visitation order may not be modified.
Because no specific statutes are enumerating the factors a court must consider regarding school placement, the Arizona Court
of Appeals defaulted to the factors a judge must consider when issuing an initial
child custody order.
Although you could still get divorced
because of your spouse's adultery or cruelty, misconduct was removed as a consideration in making orders for
child support, and the court was expressly forbidden from considering the conduct
of a spouse during the marriage when making orders for spousal support and the
custody of children.
Citing Indiana Code Section 31 -17-2-15, it ruled that
because the parents could communicate without being hostile, it would be in the best interests
of the
children to award joint legal
custody, as well as overnight stays on Sundays, and additionally reduced his support payments from about $ 250 a week to $ 150 a week, based on the increased amount
of time he was spending with the
children and the fact that the mother's pay had increased and the cost
of child care had gone down.
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.
Because issues
of family law and criminal defense often overlap here at Hallett Whipple Weyrens we routinely represent people accused
of domestic assault, which frequently overlaps into Protection From Abuse, Divorce and
Child Custody cases.
In some situation, sole
custody or primary residence will be in the best interests
of children because one parent is better fit to care for the
children or if the distance between the residences does not allow for shared parenting.
We provide this resource
because judges make all kinds
of decisions, from the very personal, such as
child custody decisions, to those with much broader impact.
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.
The appeals court did note that if a court faces an emergency situation it may make a temporary change
of custody before a hearing is held or before the other parent is notified, but
because this was not the case in this situation the court was required to provide mother notice and an opportunity to present evidence before changing the
child custody orders.
Second, he argued that «
because he and Wife do not communicate well, joint
custody would be healthiest, as it keeps the
child from developing a negative perception
of the non-custodial parent.»
The imposition
of the mandatory minimum sentence at issue in this case would have disproportionately negative consequences for women
because of the nature
of their involvement with the drug trade, this impact
of incarceration on
child custody and motherhood, and the likelihood that BC women will be jailed far from their home communities.
Child custody is such a crucial area of family law because it involves not only protecting your parental rights, but doing what is best for the child — even if that means letting him or her spend more time with the other pa
Child custody is such a crucial area
of family law
because it involves not only protecting your parental rights, but doing what is best for the
child — even if that means letting him or her spend more time with the other pa
child — even if that means letting him or her spend more time with the other parent.
Child custody arrangements may be changed
because of a substantial change in circumstance.
Because it is a
child's right to have a relationship with both
of their parents, a Judge will usually order that the spouse who does not have
custody of the
children will be able to visit the
children.
Because of how difficult the process can be, you should always seek the help
of an experienced
child custody lawyer right away if you are facing a
custody dispute.
West Coast LEAF will argue that the mandatory jail sentence at issue in this case has a disproportionate impact on women
because of their role as primary caregivers and the potential for loss
of child custody, and the likelihood that women will be jailed far from their home communities
because of the lack
of adequate facilities for incarcerated women in BC, among other issues.
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.
Because you are married, you both have joint
custody of the
children; therefore, she can not legally claim to have
custody of the kids.
If you are in a
child custody situation that necessitates a modification
of your
child support (either
because you are contributing more to supporting your
child than before or you are unable to pay as much
child support as set out in a court order or Separation Agreement), our experienced
child support lawyers will help you determine if there are grounds to reduce your
child support obligation.
The Court
of Appeal confirmed increased deference is owed
because determining
custody issues and the best interests
of a
child is necessarily a fact - driven inquiry within the discretionary powers
of the Trial Judge.
This is
because, by the nature
of child custody disputes themselves, it has been demonstrated that there is a certain degree
of animosity and even hostility between the parties to the case.