Sentences with phrase «existing child custody order»

Some of the general reasons why courts might consider a request to modify child custody include relocation, safety, the death of a parent, and other legitimate causes for reconfiguring an existing child custody order.

New York courts generally attempt to maintain the existing child custody order largely for the benefit of the child.

Move - away disputes generally arise where there is an already existing child custody order and the custodial parent wants to relocate the child to another area.

Contact the firm for further information on whether you may be able to modify an existing child custody order.

Whether you're a single father heading to the court for the first time, or you're appealing an existing child custody order, you'll want to bear the following in mind:

A existing child custody order will not be modified in Florida unless a parent can show that there's been a substantial, material or unanticipated change in circumstances.

Not exact matches

This toolkit tells you how to ask for a custody, visitation, child support and medical support order if (1) you and the other parent are not married (or don't want a divorce), (2) you and the other parent have signed an «Acknowledgment of Paternity» and (3) there are no existing court orders about your child.

(1) the temperament and developmental needs of the child; (2) the capacity and the disposition of the parents to understand and meet the needs of the child; (3) the preferences of each child; (4) the wishes of the parents as to custody; (5) the past and current interaction and relationship of the child with each parent, the child's siblings, and any other person, including a grandparent, who may significantly affect the best interest of the child; (6) the actions of each parent to encourage the continuing parent child relationship between the child and the other parent, as is appropriate, including compliance with court orders; (7) the manipulation by or coercive behavior of the parents in an effort to involve the child in the parents» dispute; (8) any effort by one parent to disparage the other parent in front of the child; (9) the ability of each parent to be actively involved in the life of the child; (10) the child's adjustment to his or her home, school, and community environments; (11) the stability of the child's existing and proposed residences; (12) the mental and physical health of all individuals involved, except that a disability of a proposed custodial parent or other party, in and of itself, must not be determinative of custody unless the proposed custodial arrangement is not in the best interest of the child; (13) the child's cultural and spiritual background; (14) whether the child or a sibling of the child has been abused or neglected; (15) whether one parent has perpetrated domestic violence or child abuse or the effect on the child of the actions of an abuser if any domestic violence has occurred between the parents or between a parent and another individual or between the parent and the child; (16) whether one parent has relocated more than one hundred miles from the child's primary residence in the past year, unless the parent relocated for safety reasons; and (17) other factors as the court considers necessary.

Mother was still hospitalized when the family court held a probable cause hearing on May 24, 2012; the family court determined probable cause existed to remove Child and granted DSS custody of Child «[p] ending further orders.»

Individuals seeking court ordered changes to existing Child Custody Arrangements will be required to file custody modification forms that specify details of the reasons for the request and the proposed soCustody Arrangements will be required to file custody modification forms that specify details of the reasons for the request and the proposed socustody modification forms that specify details of the reasons for the request and the proposed solution.

To orders entered before October 1, 2009, if the existing order defining custody, primary residence, the parenting plan, time - sharing, or access to or with the child does not expressly govern the relocation of the child.

This section shall apply to relocation of the principal residence of a child if the existing custody order or other enforceable agreement between the parties does not expressly govern the relocation issue.

If not, the parent taking the child out of the area may be held in contempt for violating an existing custody order.

The areas that our firm specializes in relating to child custody are: visitation agreements, custody arrangements, child support orders, enforcement of child support orders that have not been paid, child support order / defense, modification of existing support or custody orders, and paternity testing.

If there is a child custody order in place currently, than you need to think long and hard about moving prior to seeking a modification of the existing custody order.

As families change and, in many cases, grow following a divorce, one or both parents may find it desirable or even necessary to change an existing court order concerning child custody or parenting time.

The court will order a modification of the existing custody order if it is in the best interests of the child.

The law applies to situations where one parent wants to move the residence of the child more than 50 miles away from where the child lived at the time of the existing Florida child custody order.

Instead, parents who are unhappy with an existing child custody agreement must create a modified order and submit it to the court for approval.

If parents request joint custody, Michigan judges are obligated to order it, unless some circumstance exists that would make such an arrangement harmful to the child.

If you want to stop paying child support, you must first modify the existing custody and support order.

If the parents divorced in another state and the custodial parent later moves to Texas with the children, the out - of - state parent can request that Texas enforce the existing visitation order under the Uniform Child Custody and Jurisdiction Act.

There is a rebuttable presumption that continuing the current allocation of decision making under an existing legal custody order or continuing the child's physical placement with the parent with whom the child resides for the greater period of time is in the best interest of the child.

The court will only modify a custody order upon a demonstration of a material change of circumstances, which means that the existing custodial arrangement is no longer in the best interests of the child, such as when a serious health problem prevents a parent from taking care of a child.

A different analysis may be required when parents share joint physical custody of the minor children under an existing order and in fact, and one parent seeks to relocate with the minor children.

If you do not have a current or existing court order regarding custody or visitation, it is important to make sure you notify the other parent, not only of your intention to relocate but also where you will be residing so the other parent has access to the minor child or children.

If you're still married to the other parent of your children and a court custody order already exists or you are requesting court intervention for the first time, you can ask the court to award you full custody by filing a Petition for Custody and Support of Minor Children, also know statewide as Form FL - 260, with the clerk of thchildren and a court custody order already exists or you are requesting court intervention for the first time, you can ask the court to award you full custody by filing a Petition for Custody and Support of Minor Children, also know statewide as Form FL - 260, with the clerk of thecustody order already exists or you are requesting court intervention for the first time, you can ask the court to award you full custody by filing a Petition for Custody and Support of Minor Children, also know statewide as Form FL - 260, with the clerk of thecustody by filing a Petition for Custody and Support of Minor Children, also know statewide as Form FL - 260, with the clerk of theCustody and Support of Minor Children, also know statewide as Form FL - 260, with the clerk of thChildren, also know statewide as Form FL - 260, with the clerk of the court.

If the existing court order grants periods of physical placement to more than one parent, it shall order a parent with legal custody of and physical placement rights to a child to provide not less than 60 days written notice to the other parent, with a copy to the court, of his or her intent to establish his or her legal residence with the child at any location outside the state.

In order to determine if such a shared custody arrangement existed, the court stated that the critical factor in making such a determination is the division of time regarding «each party's responsibility for the custodial functions, responsibilities and duties» normally performed by the child's primary caretaker.

When custody needs change because you are being deployed, either you or your ex-spouse can petition the court to modify your existing child support order temporarily to accommodate your deployment.

This might be the case if the other parent refuses to honor your rights under the existing custody order or she is considering moving away with the child.

To orders entered before October 1, 2009, if the existing order defining custody, primary residence, the parenting plan, time - sharing, or access to or with the child does not expressly govern the relocation of the child.

Our full service divorce and family law practice includes divorce, legal separation, low to high conflict custody and parenting time disputes, establishment and modification of child support and spousal support, family law appeals, prenuptial agreements, enforcement of existing agreements, restraining orders and step parent adoptions.

If there is an existing court order that allows other parties visitation rights with your child or you are moving out of state with joint custody, then you will need to fill out a number of court forms.

Provides a child placed in kinship foster care shall not be removed from the physical custody of the kinship foster parent, provided the child has been living with the kinship foster parent for six consecutive months and the placement continues to meet approval standards for foster care, unless the kinship foster parent consents to the removal, the removal is agreed upon at a family partnership meeting, is court ordered, or warranted under existing law.

The courts must wait until at least 90 days after a deployment ends before entering final custody orders in a case or making changes to any child custody and parenting time orders that existed when the parent was called into active duty.

In other words, when a court issues a custody order, it typically will not order a change to the arrangement unless there's been a significant change of circumstances — a change so significant that the best interests of a child are no longer served by the existing custodial arrangement.

In 2003, the Georgia Supreme Court was willing to change an existing custody order, granting custody to the parent who was not relocating rather than allow the custodial parent to move with the children.

(1) the temperament and developmental needs of the child; (2) the capacity and the disposition of the parents to understand and meet the needs of the child; (3) the preferences of each child; (4) the wishes of the parents as to custody; (5) the past and current interaction and relationship of the child with each parent, the child's siblings, and any other person, including a grandparent, who may significantly affect the best interest of the child; (6) the actions of each parent to encourage the continuing parent child relationship between the child and the other parent, as is appropriate, including compliance with court orders; (7) the manipulation by or coercive behavior of the parents in an effort to involve the child in the parents» dispute; (8) any effort by one parent to disparage the other parent in front of the child; (9) the ability of each parent to be actively involved in the life of the child; (10) the child's adjustment to his or her home, school, and community environments; (11) the stability of the child's existing and proposed residences; (12) the mental and physical health of all individuals involved, except that a disability of a proposed custodial parent or other party, in and of itself, must not be determinative of custody unless the proposed custodial arrangement is not in the best interest of the child; (13) the child's cultural and spiritual background; (14) whether the child or a sibling of the child has been abused or neglected; (15) whether one parent has perpetrated domestic violence or child abuse or the effect on the child of the actions of an abuser if any domestic violence has occurred between the parents or between a parent and another individual or between the parent and the child; (16) whether one parent has relocated more than one hundred miles from the child's primary residence in the past year, unless the parent relocated for safety reasons; and (17) other factors as the court considers necessary

The possible sanctions include: compensatory time with the children; economic sanctions for costs incurred by the non-violator parent due to the other parent's custody or parenting time violation; modification of the existing transportation (pick up / drop off arrangements)-- including changing the exchange location to a public place; ordering counseling for either or both of the parties and / or the children at the expense of the violator; ordering a temporary or permanent modification of the parenting time and custodial arrangement if under the circumstances this relief is in the best interests of the children; ordering the violator to participate in a community service program; incarceration of the violator with or without work - release; issuance of a warrant to be executed if the violator persists in failing to comply with court orders; any other appropriate equitable remedy.

In making an equitable apportionment of marital property, the family court must give weight in such proportion as it finds appropriate to all of the following factors: (1) the duration of the marriage along with the ages of the parties at the time of the marriage and at the time of the divorce; (2) marital misconduct or fault of either or both parties, if the misconduct affects or has affected the economic circumstances of the parties or contributed to the breakup of the marriage; (3) the value of the marital property and the contribution of each spouse to the acquisition, preservation, depreciation, or appreciation in value of the marital property, including the contribution of the spouse as homemaker; (4) the income of each spouse, the earning potential of each spouse, and the opportunity for future acquisition of capital assets; (5) the health, both physical and emotional, of each spouse; (6) either spouse's need for additional training or education in order to achieve that spouse's income potential; (7) the non marital property of each spouse; (8) the existence or nonexistence of vested retirement benefits for each or either spouse; (9) whether separate maintenance or alimony has been awarded; (10) the desirability of awarding the family home as part of equitable distribution or the right to live therein for reasonable periods to the spouse having custody of any children; (11) the tax consequences to each or either party as a result of equitable apportionment; (12) the existence and extent of any prior support obligations; (13) liens and any other encumbrances upon the marital property and any other existing debts; (14) child custody arrangements and obligations at the time of the entry of the order; and (15) such other relevant factors as the trial court shall expressly enumerate in its order.