Either spouse can seek alimony and either spouse may be awarded
custody of their children as well as child support.
The equitable parent doctrine applies to those situations where a child was conceived and born in wedlock, and the non-biological husband seeks
custody of the child as he is willing to assume all rights (custody and parenting time) and obligations (paying child support) that a biological father would have.
You may request
custody of your child as part of a petition for divorce.
Not exact matches
As a result,
children are frequently placed into the
custody of family members already in the United States, pending their immigration hearing.
Among them are the rights to: bullet joint parenting; bullet joint adoption; bullet joint foster care,
custody, and visitation (including non-biological parents); bullet status
as next -
of - kin for hospital visits and medical decisions where one partner is too ill to be competent; bullet joint insurance policies for home, auto and health; bullet dissolution and divorce protections such
as community property and
child support; bullet immigration and residency for partners from other countries; bullet inheritance automatically in the absence
of a will; bullet joint leases with automatic renewal rights in the event one partner dies or leaves the house or apartment; bullet inheritance
of jointly - owned real and personal property through the right
of survivorship (which avoids the time and expense and taxes in probate); bullet benefits such
as annuities, pension plans, Social Security, and Medicare; bullet spousal exemptions to property tax increases upon the death
of one partner who is a co-owner
of the home; bullet veterans» discounts on medical care, education, and home loans; joint filing
of tax returns; bullet joint filing
of customs claims when traveling; bullet wrongful death benefits for a surviving partner and
children; bullet bereavement or sick leave to care for a partner or
child; bullet decision - making power with respect to whether a deceased partner will be cremated or not and where to bury him or her; bullet crime victims» recovery benefits; bullet loss
of consortium tort benefits; bullet domestic violence protection orders; bullet judicial protections and evidentiary immunity; bullet and more...
The report went on: «The fact that so many Sharia rulings in Britain relate to cases concerning divorce and
custody of children is
of particular concern,
as women are not equal in Sharia law, and Sharia contains no specific commitment to the best interests
of the
child that is fundamental to family law in the UK.
One thing makes me feel very uncomfortable when I see parent fools their
children by lying to them that an old dude with the name
of Santa will come and get you gifts or anything you wish for... and they put things under the tree and make these poor
children know that these are from Santa... and its being done generation after generation... parents now were victimized when they were
child by their parents and they are repeating the same with their
children and it is now in a loop and no one seems to be wanting to get out
of the loop which is plain lie and very clear... but these poor
children has nothing to do
as they under the
custody of these parents...
On many points, decisions
of Islamic religious courts have the force
of national law (a touchy issue when a dispute involves a Muslim and a non-Muslim, or when one spouse in an existing marriage converts to Islam and makes the other members
of the family subject to Shari'a determinations on matters such
as child custody).
Additionally, a non-custodial parent may initiate a change in
child custody as a result
of the custodial parents» relocation.
The
child's need to live in
as stable
of a home environment
as possible is paramount to the success
of a joint
custody arrangement.
As with most joint physical
custody schedules, this one requires that your
children have fully functional bedrooms and living space in each
of your homes: Maintain separate wardrobes, toys, and favorite electronics at each place to the extent possible.
Transplanting
children — whether this occurs
as the result
of remarriage, removal, adoption, parental loss, or change in
custody — constitutes the most difficult challenge in raising
children.
While this is certainly not the case for every family, past rulings suggest that many New York courts view joint
custody as being in the best interest
of the
child.
It's important for a father who wants
custody to attend the
child's social, educational, religious and other important events
as evidence
of a continuing relationship with the
child.
Prior to ordering split
custody, the court would inquire
as to how one parent can financially assist the other parent, such
as making a consideration
of increasing
child support payments.
Here is the reality
of my divorce: Despite the fact that the court appointed
custody evaluator ruled parenting during the marriage was joint, a vocational evaluation that concluded my ex-wife could make just
as much money
as me, joint
custody of the
children post marriage (although in reality they were with me much more often), pretty good evidence my ex-wife committed fraud and perjury and absolute evidence her lawyer maliciously lied in court, I am required by the court to pay her a massive amount
of alimony until he day I die.
They fight over who is going to have
custody, they use the kids
as weapons in a war
of words, and they do their best to poison their
children's minds against the other parent.
... A young single mother trying to finish community college, and the baby swing that calmed her daughter so she could study... The refugee family whose limited beds were already filled with older
children, the crib that kept their new baby safe... A grandfather able to transport his grandson safely with a car seat after being awarded
custody of him
as a result
of his mother's mental illness...
Incidents
of domestic violence in the family can be a strong deterrent to joint
custody, but the court's goal is to keep both parents
as actively involved in their
child's life
as possible.
Remember that the other parent will need to be notified that there's a pending
child custody case, referred to
as service
of process.
If you're in the midst
of a
child custody battle, you probably want the courts to see you
as the better parent.
Accordingly, we wish to instruct our respective attorneys, if necessary, to inform any courts involved in our dissolution that our desires are
as follows, regarding the
custody and upbringing
of our
child (ren).
In the state
of Nevada, the following factors (in no particular order) are evaluated
as part
of a best - interests
child custody determination:
«Joint physical
custody», often referred to
as shared parenting means parents share equal legal
custody but not necessarily equal physical
custody of the
child (ren).
As a
child of a messy divorce and
custody battle, she understands the importance
of keeping parts
of the family united.
Now,
as they begin the process
of separating for good, the issue
of how to handle
custody of the
children has become a real sticking point.
After parents separate or divorce, a Minnesota court will determine physical and legal
custody of the
child,
as well
as child support.
However, parents must also be prepared to work through the disadvantages
of joint
child custody, such
as:
These digest review and summarize family laws appropriate to each state, coving such topics
as separation and divorce,
child access and
custody, financial requirements (
child support / spousal maintenance), and the division
of property.
«Joint physical
custody», often referred to
as shared parenting means both parents share equal legal
custody but not necessarily equal physical
custody of the
child (ren).
In a joint
custody arrangement, parents share
custody of their
child,
as opposed to sole
custody, where one parent has full
custody.
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.
Dr. Emery's research focuses on family relationships and
children's mental health, including parental conflict, divorce,
child custody, family violence, and genetically informed studies
of all these topics,
as well
as associated legal and policy issues.
[3] The psychological problems,
as well
as court decisions, relative to divided
custody are also discussed in Note, Divided Custody of Children After Their Parents» Divorce, 8 J
custody are also discussed in Note, Divided
Custody of Children After Their Parents» Divorce, 8 J
Custody of Children After Their Parents» Divorce, 8 J.Fam.L.
634, 647 - 48, 219 S.W. 2d 910, 915 (1949)(«So long
as there is a divided
custody there will probably be bickerings and disputes and a natural tendency on the part
of the
child to play one against the other,
as well
as for the claimants to seek by indulgences to curry favor with the
child, if not to prejudice it against the other.»)
Courts in many states have shared this reluctance to divide
custody, declaring that divided
custody is to be avoided
as not in the best interests
of the
children and that it will be sanctioned only under exceptional circumstances.
As stated in Dodd, 93 Misc.2 d at 647, 403 N.Y.S. 2d at 405, «The most ardent professional proponents of joint custody assume cooperation between parents and agreement about child rearing practices as basic requirements for joint custody.&raqu
As stated in Dodd, 93 Misc.2 d at 647, 403 N.Y.S. 2d at 405, «The most ardent professional proponents
of joint
custody assume cooperation between parents and agreement about
child rearing practices
as basic requirements for joint custody.&raqu
as basic requirements for joint
custody.»
Another potentially problematic situation is when a couple marries after the birth
of a
child,
as in one New York case when the court denied a nonbiological, married but not adoptive mother's petition for joint
custody.
Marcia and Gordon Clark, who had been married for 13 years, have joint
custody of their
children, with Marcia
as «primary physical caregiver.»
Fathers who are seeking
custody of children should prepare themselves
as best
as possible for a
child custody battle to exercise their full parental rights.
Legally, fathers have
as much
of a chance
of getting
child custody as mothers do.
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
A family court in Kentucky determines
custody based on best interests
of the
child factors that include the wishes
of the parents, the
child, and his relationship with each parent
as well
as with his siblings and extended family members.
As you have a better understanding
of the legal definition
of child custody, you can better work with your family law attorney.
As the number
of family - related court filings has risen over the years, families have increasingly relied on the courts to resolve divorce issues and problems including
child custody, visitation,
child support, paternity, emergency protective orders, and restraining orders.
During his talk, he mentioned that families are frequently referred to him by judicial officers when a
child becomes suicidal
as a result
of their parents protracted
custody battle.
If divorcing parents can come to an agreement outside
of court on
custody of their
children, and they are able to arrange a suitable living and visitation schedule, then there is no set answer
as to who will get
custody.
Various options for determining the
custody of a
child outside
of the court room, such
as settling through informal negotiations; collaboration; mediation; and other forms
of alternative dispute resolution.
But, unlike divorcing couples, unmarried parents will not need to resolve any potentially complicated (and contentious) divorce - related issues such
as division
of property and payment
of spousal support, so the decision - making process is focused almost exclusively on
child custody.