Sentences with phrase «even award custody»

Not exact matches

The upshot is that «many do not attempt to be awarded custody of their children for fear of fighting a losing battle, even when welfare professionals agree that children would be better placed in their primary care.»

Even after a guradIan adlietem and shrink told the courts I was the better parental I was awarded 50/50 custody, the ex wife still kidnaps the children for months at a time and the court allows it, if I tried, I'd be sent to jail.

Even when one parent is awarded «sole» custody, courts will not terminate the child's relationship with her other parent, at least absent some significant and severe circumstances that might make contact with that parent unsafe.

Remember, too, that the court can award joint custody even if that's not what you're asking for at this time.

In addition, even if sole physical custody is awarded, there has a been a push to allowing more lenient visitation rights for the parent that does not live with the child.

Even when it is determined that the child needs to spend time with both parents in order to thrive, courts are increasingly reluctant to award joint physical custody because of the disruptions it causes children.

Alaska law also creates a «rebuttable presumption» (a legal assumption that has to be overcome with credible evidence to the contrary) that if an abusive parent has a history of committing domestic violence against the other parent, a child, or even a domestic living partner, the abusive parent must not be awarded sole legal custody, sole physical custody, joint legal custody, or joint physical custody.

Usually even if one parent has sole custody, the other parent will be awarded access rights.

The Supreme Court held that the trial court did not err in awarding full custody of the dog to the husband under Rule 60 (b)(6), even though the dog was marital property.

In Ontario, this issue may even pop up in court, which may alter how child custody is awarded.

And it's also important to remember that even if one parent does not have custody of the children, the court may still award them child support, so that they will have the financial resources necessary to provide for the children in a manner consistent with their current standard of living.

Even when an individual has been awarded a specific amount of spousal support following divorce — or a parent has been awarded specific custody or child support rights — it can be difficult to know how to assert those rights when the other party becomes uncooperative.

For example, even if your child is adamant that she prefers to live entirely with you, a judge might award shared custody or sole custody to his other parent if he finds there's a problem with your ability to care for the child.

Even in Georgia and West Virginia, if the court determines that a parent is unfit, it does not have to award custody to that parent when a teenager requests it.

In a recent decision, Santo v. Santo (citation not yet available), published July 11, 2016, the Maryland Court of Appeals confirmed a trial judge's authority to award one party tie - breaking authority, for legal custody, even when parents have an inability to communicate on major decisions affecting the health, education, welfare, religion of a minor child.

A court can award you child custody, child support and spousal maintenance, even if you are known to be an illegal immigrant.

Even in states without breastfeeding laws, a judge can consider breastfeeding when making a custody determination since custody is to be awarded according to the best interests of the child.

The court also has the authority to award you with temporary custody while the TPO is in place, even if your spouse currently has the child.

Increasingly, however, even more and more courts award shared physical custody, maternal solo parenting (the «divorced mom») remains very much the norm.

Even though mothers are more consistently awarded custody of children by the courts, the percent... Continue reading →

Notably, even back then, the Court researchers found that fathers» rights advocates were distorting reality: «We heard testimony from George Kelly, a representative of Concerned Fathers, that in contested custody cases, mothers are awarded physical custody over 90 % of the time.

Even if joint custody awards are curtailed, the sole custodian must be chosen.

Even if the mother is fit, the court is likely to award primary custody to a father who has been the child's primary caretaker or had a significant role in his life.

In some cases, primary custody may even be awarded.

Even if one parent is awarded sole custody, he or she is not permitted to withhold information from the other parent concerning the child's progress in school, medical treatments or recreational activities.

For other cases holding that proposed relocation requests which would result in the effective termination of a shared physical custodial arrangement should be treated as a modification of custody, see, e.g., Lewellyn v. Lewellyn, 351 Ark. 346, 93 S.W. 3d 681 (2002)(both mother and father petitioned for sole custody of children after mother's proposed relocation would make parties» shared physical custodial arrangement unworkable; court found that mother's relocation constituted material change of circumstances warranting award of sole custody to father, even though such a relocation would not be considered a material change in circumstances in a case that did not involve shared physical custody), and In re Marriage of Garst, 955 P. 2d 1056 (Colo..

This award was made even though both parents had sought sole custody at trial.

Recent studies suggest that an abusive man is more likely than a nonviolent father to seek sole physical custody of his children and may be just as likely (or even more likely) to be awarded custody as the mother.

The laws generally award primary custody to the parent who spent more time at home with the children and less time working, even if the difference was miniscule.

However, even though we find such conduct deplorable, Wilhelms has not appealed the custody award.»

Usually even if one parent has sole custody, the other parent will be awarded access rights.

Added together, these statutes usually make it unlikely that a court will award an abusive parent sole custody or even the majority of parenting time.

[FN156] The case was tried prior to the Act's passage, but the Court of Appeals referred to the new law specifying its application to unmarried parents as bolstering its conclusion that even prior to the passage of the Act, joint custody could be awarded to unmarried parents, «particularly in a case such as this, where both parents -LSB--RSB- actively participated in the upbringing of the child.»