These are only some of the factors that will be taken into account when courts
decide child custody and visitation issues.
Likewise, either the court or the parents will
decide child custody and visitation at the time parents separate or divorce.
Not exact matches
Things get complicated quickly when it comes to getting divorced
and deciding things like who gets the house,
child custody issues,
visitation,
and retirement assets.
Courts
deciding visitation and other
custody issues focus on the best interest of the
child.
The Alabama Uniform
Child Custody Jurisdiction and Enforcement Act (UCCJEA) applies in cases where a custody decision is made or which impact access to a child — including divorce, legal separation, neglect, dependency, guardianship, paternity, termination of parental rights, and protection from abuse concerning the legal custody, physical custody and visitation of children are dec
Child Custody Jurisdiction and Enforcement Act (UCCJEA) applies in cases where a custody decision is made or which impact access to a child — including divorce, legal separation, neglect, dependency, guardianship, paternity, termination of parental rights, and protection from abuse concerning the legal custody, physical custody and visitation of children are d
Custody Jurisdiction
and Enforcement Act (UCCJEA) applies in cases where a
custody decision is made or which impact access to a child — including divorce, legal separation, neglect, dependency, guardianship, paternity, termination of parental rights, and protection from abuse concerning the legal custody, physical custody and visitation of children are d
custody decision is made or which impact access to a
child — including divorce, legal separation, neglect, dependency, guardianship, paternity, termination of parental rights, and protection from abuse concerning the legal custody, physical custody and visitation of children are dec
child — including divorce, legal separation, neglect, dependency, guardianship, paternity, termination of parental rights,
and protection from abuse concerning the legal
custody, physical custody and visitation of children are d
custody, physical
custody and visitation of children are d
custody and visitation of
children are
decided.
Kansas judges
deciding custody cases must determine «legal
custody,» which refers to the responsibility to make educational, medical
and other major decisions for a
child,
and «physical
custody,» meaning the
child's living
and visitation arrangement with the parents.
Georgia courts
decide two aspects of
child custody: «legal
custody,» or which parent has the responsibility to make decisions affecting a
child's education, health, religion,
and extracurricular activities,
and «physical
custody,» meaning where a
child lives
and his or her
visitation schedule with each parent.
But many divorcing couples
decide — or the court orders — that one parent should have sole physical
custody (that is, the
child lives with just one parent)
and that the other should have regular
visitation rights.
When determining parental
visitation,
child custody,
and allocation of parental responsibilities, the courts will
decide the most suitable option, based on the best interests of the
child.
In all
child custody cases, Kentucky courts must
decide «legal
custody,» referring to which parent will make major decisions regarding the
child's education, health,
and activities,
and «physical
custody,» which refers to the
child's legal residence
and visitation schedule with each parent.
If they have
children together, the parents may already have a Family Court order (s) that
decides who has
custody and / or
visitation and who pays
child support.
For those filing on or after October 12, 2010, you should be aware that this divorce can not be granted for this reason until after issues regarding spousal support
and property, as well as
custody,
visitation and child support have been settled between you
and your spouse or
decided by the court.
While it is always best if parents can mutually agree on a workable schedule for their family, a family court judge may
decide where
children will live if the parents can not agree on primary
custody and visitation.
State law doesn't use gender as a factor in
deciding custody of a
child and a parent's
visitation rights.
However, the Vermont court can still
decide the
custody,
visitation,
child support, alimony,
and property division.
When a Georgia court must
decide custody and visitation because parents can't agree on a parenting plan, judges fall back on a statutory list of factors based on the best interests of the
children.
In it, the spouses
decide the terms
and conditions of dividing the marital estate,
child custody and visitation,
and spousal
and child support.
Less often, a husband
and wife will ask an Ohio Court of Common Pleas for a legal separation, leaving their marriage in a holding pattern while proceeding to
decide issues involving finances,
child custody,
visitation and support.
In
deciding child custody, the court considers the best interests of the
children, the wishes
and concerns of the parents, the
child's wishes
and concerns, the
child's relationship with their parents, siblings,
and extended family, the
child's adjustment
and development at home, school,
and in the community, the mental
and physical health of the parents,
child,
and siblings, the parental history of paying
child support, the parental history of abuse or neglect of any
child, the denial of other parent's rights to
visitation,
and any parental relocation plans.
For many divorced
and separated parents with
children, there is a common answer as to why they ended up with the
child custody and visitation arrangement they have: the judge
decided it.
If
children are involved, they must live in New Mexico for at least six months before the court has jurisdiction to
decide custody,
visitation,
and child support.
In a divorce, a court makes the spouses single again,
and it approves the division of assets
and liabilities,
decides custody and visitation and child and spousal support.
If you are unable to agree, then the judge will have to
decide what is in the best interest of the
child when
deciding what kind of
custody and visitation to order.
However, in the event that parents were unable to agree, the court steps in to
decide child custody, support,
and visitation issues.
In
deciding contested
child custody, support
and visitation, courts navigate by what is called «the best interests of the
child,» the «North Star», so to speak, that gives judges a wide degree of latitude.
The court
decides child custody, support,
and visitation rights when the parents can not do it.
When evaluating your request for temporary
visitation, the court will
decide whether
visitation is in your
child's best interests
and it will determine whether your spouse is the best parent to have physical
custody of your
child.
This has led to big changes in the overall climate of
child custody in Texas, because now everything is very much geared up to avoid having to go to court in order to
decide on
child custody matters,
and instead a more collegiate approach is the norm, where all parties are encouraged to get around the table
and mutually agree on what
visitations would work best for the
child.
When the court
decides on the issue of
child custody and visitation, the gender of the parents is not considered.
When a judge
decides child custody and child visitation rights in Washington State, he or she keeps the best interests of the
child at heart.
Now that you
and your spouse have
decided to split up, you will have much less control over your where your
child goes
and who he will see — especially if your spouse has been granted joint
custody or
visitation rights.
In general, like all aspects of a divorce — including property division,
child support, financial division,
and spousal support (alimony)--
child custody and visitation will either be
decided by agreement between the divorcing couple (usually with the help of attorneys
and mediators) or by the court.
You must also divide your property
and decide on important issues including: debts, assets,
child custody,
child visitation,
child support,
and alimony.
If you have minor
children together, you'll also have to
decide how you'll handle their
custody,
visitation and support,
and the role that any extended family members who are currently in your
children's lives will play after your divorce.
Although the
custody and visitation issues had not yet been
decided when this Article went to press, Diana's lawyer is confident that Diana will maintain sole
custody of her
children.
See the research
and articles at http://www.thelizlibrary.org/liz/) So, given that there are just not all that many options to choose from in
deciding upon a
child custody arrangement,
and given that those options overwhelmingly will be constrained or even dictated by fairly obvious facts about the parties» circumstances such as work
and school schedules, or how far apart they live from each other,
and similar considerations, one really has to query what all the painstaking attention to detail
and «science» (or pretext to science) is all about if, when all is said
and done, the decision will boil down to the application of a default personal preference,
and pragmatic ways of arranging
custody and visitation schedules to accomplish this while avoiding liability for placing
children into situations in which detriment too obviously or easily can be proved to be the direct result of the arrangement.
When it comes to
deciding custody, many factors are considered by the court: fitness of the parents, character
and reputation of the parents, desire of the parents, any agreements between the parents, potential to maintain familial relations,
child's preference, material opportunities affecting the
child,
child's age
and health, suitability of the parental homes, whether the non-custodial parent will have reasonable
visitation, how long the
child has been separated from a parent, any prior abandonment or surrender of the
child, or any other relevant facts.
In a divorce, or marriage dissolution, proceeding, the marriage of the parties is terminated
and other related issues, including
child custody,
child support
and visitation, spousal support (alimony)
and property
and debt division are
decided.
When
deciding custody, Maine courts will often designate one parent's home to serve as the
child's primary residence
and grant the nonresidential parent
visitation rights, known as parental contact in Maine.
Good luck in
deciding what is best for your
children in terms of
custody and visitation.