Two people decide they no longer want to be married, and go through the process of separating property, assets and
determining child custody issues.
The family courts feel that the parents are the ones best suited to
determine child custody issues and strongly encourage the parties to develop a parenting plan between themselves.
Not exact matches
In
determining custody issues, many jurisdictions are placing increasing importance on whether each parent supports the
child's relationship with the other parent.
The judge may
issue an order granting temporary
custody to the selected parent for a trial period not to exceed six months regarding the
custody of a
child who has reached the age of 11 but not 14 years where the judge hearing the case
determines such a temporary order is appropriate.
When you meet with a family lawyer concentrating in divorce they will help you to
determine the most important
issues such as
child custody and support, division of property, maintenance (alimony), division of assets, debt and anything else that needs to be resolved.
Separation Agreements allow the parties to
determine how the
issues such as
custody, parenting time,
child support, spousal support and property division will be settled.
When it comes to
children, the best interests of the
child is the sole consideration in
determining issues of
custody / guardianship and access / parenting time.
The
issues involved in legal separation are generally the same as those
determined in a divorce — property division,
child custody and placement, spousal maintenance (formerly called alimony),
child support and other matters.
During both divorce processes, a judge will divide marital property, decide
issues of
custody and
child support, and
determine if spousal support is appropriate.
2014)
determined that the Meehans» prenuptial divested the family court of jurisdiction for some
issues but not the
issue of attorney's fees as it related to
child custody and support.
Our team will make certain that your
child's best interests are kept in the foreground at all times and help with
issues such as
determining custody and parenting time (visitation), establishing
child support and even
custody modifications.
In that case, the parents had been to court to try to
determine their various
issues relating to
custody of and access to their
children.
These
issues might include
determining post-divorce benefits, calculating spousal and
child support, and making
child custody arrangements.
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.
Nothing in this guideline limits, supersedes, or divests the court of its exclusive jurisdiction to
determine issues of parenting time,
custody, and
child support.
Interim rulings concerning
custody of
children or access to
children must be examined on a case - by - case basis to
determine if the interim ruling will likely have a direct bearing on the disposition of those
issues at trial, bearing in mind the specific
issues and the length of time the interim ruling will be in place.
Although an attorney is technically not required in a divorce proceeding, each spouse should obtain separate legal counsel if there are
issues in the divorce that may be contested, property rights need to be
determined, or the
custody of the
children is in dispute.
After
issuing a report of the sessions, the court may use the counselor's
custody recommendation in
determining what arrangement furthers the
child's best interests.
Judicial responses to alienation include: ordering an assessment; ordering supervised access on a permanent basis; intervention in the early stages of the dispute, before the problem has had time to become «true» alienation, or in the early years of a
child's development; changing
custody on a temporary basis;
determining whether «pure» or «mixed» alienation is taking place; keeping the courts involved; suggesting counselling; making a finding of contempt; making a no - contact order; involving the
Children's Aid Society; not making a parallel parenting order; meeting with the children; and in extreme cases, putting the alienating parent's actions on court record, in hopes that if the child revisits the issue as an adult, they may be able to see what actually too
Children's Aid Society; not making a parallel parenting order; meeting with the
children; and in extreme cases, putting the alienating parent's actions on court record, in hopes that if the child revisits the issue as an adult, they may be able to see what actually too
children; and in extreme cases, putting the alienating parent's actions on court record, in hopes that if the
child revisits the
issue as an adult, they may be able to see what actually took place.
This is a form of private divorce where each party hires an attorney, and family
issues such as
child custody,
child support, alimony, and division of property and debt are
determined in the conference rooms of professionals rather than in the public courthouse.
Iowa courts have jurisdiction over
custody issues, and as mandated by
child custody laws in Iowa, there are several parameters to
determine the parent who can better take care of the
child and provide for his or her needs.
As mandated by
child custody laws in Vermont, the state's family courts
determine all
custody issues based on the best interests of the
child.
Kentucky Legislature: Kentucky Revised Statutes, Section 403.270 Custodial
Issues — Best Interests of
Child Shall
Determine — Joint
Custody Permitted — De Facto Custodian
Once you have
determined that you have strong legal grounds for seeking to end your ex-spouse's visitation rights, you need to contact the court that
issued your original
child custody order, and file a motion for modification of that order.
The best interests of the
child is always the paramount factor used in
determining custody issues; having both parents...
You may «reserve» the
issue of
custody until after the
child is born, meaning you do not need to pay a new filing fee to
determine custody at the later date.
During a divorce case, the court may consider criminal acts committed against a spouse when
determining legal
issues such as
child custody.
Moreover, financial
issues, such as the amount of
child support, are generally easy to
determine once the
issue of
custody has been established.
During the hearing, the court will
determine whether or not you have grounds for divorce, as well as the terms of divorce, which includes property division,
child custody and similar
issues.
When parents can not agree on
child custody issues, Arizona law requires a judge to
determine custody based on the best interests of the
children.
In states that permit legal separation, the court approves a separation agreement or
determines each spouse's rights and responsibilities on
issues that would normally be resolved in a divorce, such as
child custody,
child support and alimony.
The best interests of the
child is always the paramount factor used in
determining custody issues; having both parents involved in a
child's life is greatly encouraged by family courts in Virginia.
If the parties can not agree on
issues regarding the
custody of minor
children, the Wyoming court
determines custody according to the best interests of the
child.
Kentucky Legislature: Kentucky Revised Statutes, Section 403.270, Custodial
Issues - Best Interests of
Child Shall
Determine - Joint
Custody Permitted - De Facto Custodian.
Child custody and visitation
issues are
determined by the various laws and procedures in various states, and family lawyers can explain the procedure in your state, what the laws are, and what your parenting rights are after entering a court order.
Even though it's called a Property Settlement Agreement, this agreement covers much more than the division of property or equitable distribution of property — it's also about
child custody, parenting time, division of assets (including personal property, real estate such as the marital home, retirement assets and pensions, and businesses), alimony, and any other additional
issues that must be
determined in furtherance of divorce or dissolution of marriage.
«Regardless of the path, the facts of splitting your assets and debts,
determining spousal and
child support, and
custody issues are all the same.
This can involve unique strategies to deal with
child custody issues such a parental alienation, or financial
issues involving businesses and valuations, and
determining assets and liabilities that should be included in a marital allocation at divorce.
The top
issue the court will consider when
determining residential
custody is this: «The relative strength, nature, and stability of the
child's relationship with each parent.»
If it is necessary to go to court to get your divorce settled, here are some of the criteria judges typically use in
determining who gets
child custody.By M. Marcy JonesChild
custody can be a highly emotional and charged
issue in getting divorced.
Further, as respecting possible modification, because of past
issues of the defendant failing to comply with orders of the court; providing token compliance with orders of the court while ignoring the spirit and intent of the orders (including the orders dated December 1, 2010); the defendant's lengthy pattern of contemptuous conduct; the expenses and financial waste caused by the defendant; the substantial financial drain on the resources of the plaintiff and the guardian ad litem caused by the defendant; the pattern of parental alienation; prior false reports of abuse and / or neglect to governmental entities; and the need for repose on the part of the minor
child, it is anticipated that in addition to satisfaction of the foregoing conditions, no modification motion is permitted to be filed by defendant regarding the sole physical and / or sole legal
custody arrangements, except in the case of the plaintiff's total and permanent disability as
determined by the Social Security Administration, unless the following conditions are satisfied...» Eisenlohr v. Eisenlohr, 2011 WL 1566201 at * 4 (Conn.Super.).
On occasion, evaluations sometimes called «social investigations» can be ordered to
determine timesharing
issues including parenting plans (formerly called «
child custody») can include home visits to meet the
children, contacting individuals who know the family, reviewing medical / school records and perform psychological testing on all members of the families.
Other
issues are
determined more or less automatically, like setting
child support, awarding the dependency exemption, or
determining custody.
Family Law and
Child Custody Decisions Child custody is a serious issue that takes up a considerable amount of effort to det
Custody Decisions
Child custody is a serious issue that takes up a considerable amount of effort to det
custody is a serious
issue that takes up a considerable amount of effort to
determine.
Child custody issues are always determined with one primary goal in mind — to do what is in the best interest of the c
Child custody issues are always
determined with one primary goal in mind — to do what is in the best interest of the
childchild.
Get answers to your questions about how
custody is
determined, joint and shared
custody, princial residence,
child access, relocation
issues, and more.
Once the court
issues a
custody decision, typically with the final divorce decree, that
custody order
determines how you and your spouse are to share time with your
child.
However, in some states, fault may still be relevant in
determining issues of
custody and visitation,
child support, spousal maintenance or property distribution.