State law doesn't use gender as a factor in
deciding custody of a child and a parent's visitation rights.
When parents disagree on terms of raising a child, the court intervenes and
decides custody of the child.
In a separation, the courts enter orders
deciding custody of the children based on the gold standard of child welfare - the best interests of the child, whether or not the parents or guardians agree.
After divorce, a family must
decide custody of any children involved, or the courts will determine how custody is split.
Not exact matches
(And if men are so upset by things like spousal support and
child custody, why don't they just get a prenup so they can
decide for themselves who gets what instead
of relying on the state's prenup?)
However, the main basis for
deciding child custody in Arizona is the best interests
of the
child.
No matter how strongly a parent believes they are the better parent and should have
custody of the
child (ren), the court may
decide otherwise.
In Maine, when parents request joint
custody, the court will agree to this arrangement unless the court
decides joint
custody is not in the best interests
of the
child.
Citing recent legislation permitting joint
custody in dissolution
of marriage cases, [2] trial court
decided that joint
custody, alternating primary responsibility
of the
children between Robert and Carla, would best serve the interests
of Susan and Mary Lee.
A California court will grant
custody to a third - party — a non-parent — if it
decides that the
child will be in danger or subject to harm in the care
of a parent and that granting
custody to a third - party custodian will serve the best interests
of the
child.
When
deciding who gets
custody of the
children, courts consider a wide range
of factors including household stability, relationships with the parents, and income.
In almost all situations, a court will keep one primary question in mind when
deciding a
custody case, namely, what is in the best interests
of the
child?
This usually happens when the parent with full
custody of a
child decides to be vindictive and uses the
child as a weapon.
Like other
child custody decisions, courts use the best interest
of the
child to
decide disputed
child visitation or
custody cases involving unmarried fathers.
Example: Mother and Father are divorced, and
decide to share joint legal
custody of Child, but also agree that Mother should have primary physical
custody of Child.
With the goal
of serving the
child's own best interests, courts are tasked with
deciding which parent is entitled to legal and physical
custody, and whether there is room for compromise.
This rule has been phased out in almost every state, and instead, judges must
decide on the merits
of the case which parent having
custody would be in the best interests
of the
child.
The parent with legal
custody of a
child will have the authority to
decide which school to send the
child to, which religion the
child will practice, and what sorts
of medical care the
child will receive.
A: In
deciding who will have
custody, the court will consider a number
of factors, but the main consideration is always the
child's «best interests,» although that can be hard to determine.
Courts
deciding visitation and other
custody issues focus on the best interest
of the
child.
When Harge attempts to win sole
custody of their
child by attacking Carol's moral fiber, solely on the basis
of her affairs with women, Carol
decides to temporarily flee New York with Therese in tow, unaware
of the lengths Harge will go to in order to ruin any chance
of happiness for her.
The case winds up in family court, mother and son fighting each other for
custody, leaving the judge with the authority to
decide the girl's fate, Courtroom drama follows, with Frank defended well by his lawyer, Fred Cullen (Glenn Plummer) and opposed by
child welfare authority rep, and we do get to hear the decision
of the court, allowing us to take sides as well.
The fact that the welfare
of the pet was being considered in
deciding custody clearly means that the court was treating Joey more like a
child than property.
However being informed that the bill had been enacted and being aware that various groups had been agitating for a law that made joint
custody of children South Carolina's default position, I
decided to review the bill.
Courts will look at two areas
of child custody law when a parenting matter has to be
decided: legal
custody and physical
custody.
How do courts
decide who gets physical and legal
custody of the
children?
If there are accusations about domestic violence in a
child custody case, the judge has to hold an «evidentiary hearing» (a trial before a judge without a jury) to
decide whether a parent has engaged in one or more acts
of domestic violence against the other parent, the
child, or another family or household member.
The prime directive for the court in
deciding Calgary
child custody cases and for
deciding Calgary family law cases and for determining Calgary
child parenting time is the «best interests»
of the
child.
When
deciding on
child custody matters, state courts put the best interests
of the
child first and foremost when making their rulings.
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.
However, if no agreement can be reached, a judge will
decide custody rights based on the best interest
of the
child.
When
deciding to award sole
custody, the court will make a decision using the best interest
of the
child standard.
Even though fault is not necessary to obtain a divorce, it may be an issue in a divorce when
deciding the division
of property, spousal support and
child custody.
The matter was
decided just as the
Children's Law Reform Act had been amended to impose additional requirements on non-parents applying for
custody of a
child.
Justice Sloan
of the Ontario Superior Court
of Justice recently observed that,
Deciding the
custody and access
of children is part science and part art.
Child custody can be
decided outside
of court if the parties are willing to do so.
A «move - away «case arises when a parent that has joint or sole
custody of the
child decides to move to a location that is far enough away to disrupt the current custodial arrangement.
In this regard, the Court held — citing cases in Indiana and Texas (Ortman v. Ortman, 670 NE2d 1317 (Ind); Matter
of Lewin, 149 SW3d 727 (Tex]-RRB--- that «[t] he appellant may not
decide the timing and forum
of the
custody proceeding through wrongful removal
of the
child from the jurisdiction.»
Once the issue
of custody, now referred to legal decision making and parenting time, is
decided the court must
decide which parent will pay
child support to the other parent, as well as the amount
of that
child support.
The type
of custody arrangement a couple agrees upon or is
decided by the court can drastically affect how parents care for their
children in the future.
Sole
custody permits a parent to
decide where the
children attend school, the health care the
children receive, and the extracurricular activities the
children will participate in regardless
of the opinion
of the other parent.
In this case, the court held that even when parties initially elect to submit a
custody dispute to an arbitrator or to the friend of the court, they can not waive the authority that the Child Custody Act confers on the circuit court to decide the best interests of the child as it relates to c
custody dispute to an arbitrator or to the friend
of the court, they can not waive the authority that the
Child Custody Act confers on the circuit court to decide the best interests of the child as it relates to cus
Child Custody Act confers on the circuit court to decide the best interests of the child as it relates to c
Custody Act confers on the circuit court to
decide the best interests
of the
child as it relates to cus
child as it relates to
custodycustody.
To
decide custody and parenting time in your case, the judge's task is to determine what arrangement is in the best interest
of your
children.
Family law cases are usually reserved for state court, but increasingly, the federal courts have been used to
decide child abduction cases, that is, whether the
child should be returned to the country
of habitual residence (see Habitual Residence), but not to
decide which party wins
custody.
During both divorce processes, a judge will divide marital property,
decide issues
of custody and
child support, and determine if spousal support is appropriate.
The court
decided that since the ruling extended only until the permanent
custody hearing in February that a ruling changing the previous decision was not in the best interest
of the
child, subjecting the
child to an unnecessary short - term upheaval
of his residence and schooling.
Concept used by 20th century courts when
deciding child custody cases in favor
of mothers.
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.
The court will also have the ability to
decide legal
custody of a
child.
There are number
of factors that go into
deciding who is going to have legal
custody of the minor
child.