Sentences with phrase «deciding child custody cases»

A judge plays a very important role in deciding child custody cases.

A relatively recent, and highly controversial, concept developed by the American Law Institute to assist the court in deciding child custody cases by asserting the premise that maintaining approximately the same parenting routines after divorce as the parents and child (ren) experienced before divorce is in the best interest of the child (ren).

Concept used by 20th century courts when deciding child custody cases in favor of mothers.

Concept used by courts from early 20th century until 1970's when deciding child custody cases.

Thus, at heart, the UCCJEA is a subject matter jurisdiction statute, for it defines which state may take jurisdiction to decide a child custody case.

The wishes of the child, so long as he or she is of «sufficient age and capacity to reason so as to form an intelligent preference as to custody,» are taken into consideration when deciding a child custody case.

Not exact matches

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.

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?

Like other child custody decisions, courts use the best interest of the child to decide disputed child visitation or custody cases involving unmarried fathers.

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 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.

In custody cases, does the family court have authority to make legal custody type decisions for a child (e.g., which school the child will attend; whether a child can get elective surgery) or does the court merely have authority to decide who gets to decide?

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.

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 decChild 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 dCustody 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 dcustody 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 decchild — 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 dcustody, physical custody and visitation of children are dcustody 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.

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.»

In cases where joint custody is sought or where sole custody is a reasonable consideration, the tax considerations raised in Trignani v. Canada should be considered when deciding whether to claim child maintenance.

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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.

But the law was quickly rejected because lawyers argued that each child custody or parenting case is unique and should be decided upon its own facts.

In Hawaii child custody cases, judges must decide both «legal custody,» and «physical custody.»

Not only did it unduly heighten the burden to modify child custody agreements — a decision since rectified in Miles v. Miles, 393 S.C. 111, 711 S.E. 2d 880 (2011)-- but it also granted the family court unfettered discretion in deciding whether to apply Schedule A or Schedule C child support guidelines in setting child support when both parties have the child at least 110 overnights, holding that the family court has the «discretion to utilize any Worksheet [it] finds appropriate under the facts of the case» in an action to modify child support.

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.

Regardless of the feelings that the parents may have for each other, the court, when deciding custody cases will prioritize the interest of the children over the feelings of the parents.

Being in charge of your parenting plan is ideal; if your case goes to court, you will lose the ability to control what happens in terms of child custody, and these issues will be decided by a court.

When a child custody case is being decided, there are generally two components: physical and legal custody.

The court will decide these kinds of custody and access issues by considering the «best interests» of the children and in most cases it will be found to be in the children's interests to be allowed to go on a vacation with either spouse.

There is typically one circumstance during the court case which makes the child custody issues easier: if the parents decide they are willing to have joint custody of the children.

New Mexico Annotated Statutes 40 -4-9, 40 -4-9.1 provide that the court determines contested custody cases deciding the best interests of the child and considering all relevant factors.

In each case, determining factors such as lifestyle, employment, and each parent's ability to care for a child and best maintain the positive aspects of the environment the child has become accustomed to are taken into consideration before deciding which parent should be given custody.

For every Florida divorce case in which child custody issues are being decided, the judge must enter a parenting plan.

The court must determine what custody location would be the most beneficial to the child, although in many of these case the courts actually have to decide which placement is the least damaging to the child.

Therefore, before deciding to «fight» for custody, think long and hard of the many options that can be implemented in your case in establishing a parenting plan that allows your children to have maximum access to both parents (not necessarily a 50 - 50 arrangement, but rather one that allows both parents to be involved in an ongoing basis with the children) as such an arrangement has been shown to be better for the children's future emotional well - being than one in which one parent is shut out of the children's lives (something that is not going to happen even after a custody trial).

But what if a family spent a great deal of time overseas before the parents got divorced and their child custody case was decided in a foreign court?

In all custody cases, the standard for deciding who can have custody is the «best interests of the child.»

While one can not put a value on one's child, parents getting divorced must remember that no one «wins» or «loses» custody; rather, the judge must decide how much time the children spend with each parent, for except in extremely rare cases does any parent «lose» his or her children in divorce.

In cases involving adolescent and older children, the court may also consider a child's wishes when deciding whether to grant joint custody.

In this case, there will be a lot of issues that need to be decided, which will probably range from child custody to spousal support, child support, property division, debt division, etc..

Excerpt from the introduction: «Children deserve to have custody proceedings conducted in a manner least harmful to them and most likely to provide judges with the facts needed to decide the case.

Just within the past year, Pennsylvania child custody laws have significantly changed the way that the courts decide custody in most cases.

Jurisdiction means the court has the authority to hear the case and to decide who should have custody of the children.

The end of formal rules dictating a result favoring one parent over the other led to the adoption of a more inclusive but less definitive standard of deciding custody cases based on the «best interests of the child.»

The measure was defeated by a sizeable margin (62 % to 38 %) but it represents only the latest round in a combustible campaign to change how child custody cases are decided.