Sentences with phrase «if awarding custody»

Not exact matches

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.

If parents in Illinois are awarded joint custody, the parents must sign a Joint Parenting Agreement, which explains each parent's rights and responsibilities for the care of the child.

If physical custody is awarded to one parent, access (visitation) rights will probably be granted to the other parent.

Mississippi may modify a joint custody award, if a party presents evidence of a material change of circumstances.

The court may award either «sole legal custody» or «joint physical custody» if it is in the best interest of the child.

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

If the court awards joint custody, both parents must jointly make decisions concerning the child's health, education and medical needs.

The court's rationale for awarding custody to the parent who handles the majority of the child's day - to - day activities is that the balance of a child's life might be upset if they were to be removed from the parent who is most frequently responsible for their day - to - day activities.

For example, if either parent has been convicted of domestic violence, the court will usually presume that he or she should not be awarded joint custody.

The court may also award joint custody if one party requests joint custody and the court finds it to be in the best interests of the child.

Indiana: Joint custody may be awarded if it is in the child's best interests.

Georgia: The court may award joint custody and may consider agreements of the parties, if they are in the best interests of the child.

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.

However, if the child is older, custody may be awarded to the parent that is better situated to provide the child with access to education, friends, and social development.

If the court finds a history of domestic abuse exists, a rebuttable presumption against awarding joint custody exists.

A court may award visitation rights if the child's parents» marriage is terminated, the parents separate, or custody of the child is given to a third party other than the child's parents.

If there is no agreement or if the agreement is not in the best interests of the child, the court shall award joint custody, unless custody by one parent is shown by clear and convincing evidence to serve the child's best interestIf there is no agreement or if the agreement is not in the best interests of the child, the court shall award joint custody, unless custody by one parent is shown by clear and convincing evidence to serve the child's best interestif the agreement is not in the best interests of the child, the court shall award joint custody, unless custody by one parent is shown by clear and convincing evidence to serve the child's best interests.

If the parents live too far apart, the strain on the child may play a role in awarding one parent or the other sole physical custody.

Joint custody may be awarded if both parents request joint custody, and if they so request joint custody, there is a presumption that joint custody is in the best interests of the child.

If a parent has been awarded legal custody of a child, this means that the parent has the legal authority to make decisions about the child's education, health and upbringing.

If the court awards joint custody to both parents, the court may award joint physical care upon the request of either parent.

If sole custody is awarded, one parent gains exclusive physical and legal custody over the couple's child.

Michigan: Custody is awarded based on the best interests of the child, based on the following factors: moral character and prudence of the parents; physical, emotional, mental, religious and social needs of the child; capability and desire of each parent to meet the child's emotional, educational, and other needs; preference of the child, if the child is of sufficient age and maturity; the love and affection and other emotional ties existing between the child and each parent; the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity; the desire and ability of each parent to allow an open and loving frequent relationship between the child and other parent; the child's adjustment to his / her home, school, and community; the mental and physical health of all parties; permanence of the family unit of the proposed custodial home; any evidence of domestic violence; and other factors.

If County Judge Peter Haddad awards custody of the animals to the Humane Society of Central Brevard, officials will try to find homes for them, said the agency's Cocoa attorney George Ritchie.

The fact that the father had no rights of custody was also considered immaterial, if no plausible case had been made that rights of custody could not be awarded to him.

If the child is younger than 11, there is no expectation for the judge to consider the child's preference when awarding custody.

However, there are situations where it may not be awarded such as if one parent is deemed unfit or if it would be in the child's best interests for one parent to have sole legal custody.

When it looks like joint legal custody would lead to a lot of conflict, however, the judge will award one parent sole legal custody, or sometimes will designate one parent as having the «tie - breaker» vote if there's a disagreement.

A parent who the court believes committed an act or acts of domestic violence may still be able to be awarded some form of custody if the parent has:

If awarded sole legal custody, one parent holds the exclusive responsibility for «decisions relating to the health, education, and welfare of a child.»

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.

If the distance between the parents impedes their ability to communicate or prevents one of the parents from being involved in the child's life, then a joint custody award will be unlikely.

Some people are under the incorrect assumption that if they file a custody case and are awarded a custody order, they will automatically receive child support.

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

(a) If an individual who has been awarded custody of a child under this chapter intends to move to a residence: (1) other than a residence specified in the custody order; and

If a parent awarded joint legal custody and physical care or sole legal custody is relocating the residence of the minor child to a location which is one hundred fifty miles or more from the residence of the minor child at the time that custody was awarded, the court may consider the relocation a substantial change in circumstances.

It is unlikely that a court would award joint custody to a parent (usually the father, when the mother is the primary caregiver), if there is any history of abuse in the relationship.

In 2012 our legislature enacted S.C. Code § 63-15-230 (C), which reads, «If custody is contested or if either parent seeks an award of joint custody, the court shall consider all custody options, including, but not limited to, joint custody, and, in its final order, the court shall state its determination as to custody and shall state its reasoning for that decision.&raquIf custody is contested or if either parent seeks an award of joint custody, the court shall consider all custody options, including, but not limited to, joint custody, and, in its final order, the court shall state its determination as to custody and shall state its reasoning for that decision.&raquif either parent seeks an award of joint custody, the court shall consider all custody options, including, but not limited to, joint custody, and, in its final order, the court shall state its determination as to custody and shall state its reasoning for that decision.»

When both unmarried parents participate in the child's care, Massachusetts family courts award joint custody if both parents have been successful in maintaining joint responsibility and if the parents are able to effectively communicate with each other and make plans that are in the child's best interests.

If a judge does not believe that you are capable of fostering a healthy relationship between your child and the other parent, you are less likely to be awarded custody or favourable access terms.

In a divorce, we understand that the spouse whom we represent will have important questions: what will happen to the marital property, will alimony or spousal support be awarded (and if so, how is this determined), what will happen to our house, vehicles, and other significant assets, who will be entitled to live in the current residence, and how will custody matters be determined?

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.

Court Intervention - If the two parents can not agree without the involvement of the court, the court will decide on which parent will be awarded physical custody and who will be awarded visitation rights.

In other words, if your spouse is behaving in a manner that is unreasonable and does not put your children's best interests at the forefront, the courts may award sole custody and primary residency of the children to you.

Factors considered by the court when awarding custody may include the age of the parent and child, the physical and mental condition of each parent and child, the relationship existing between each parent and each child, the needs of the child, the role played by each parent in the upbringing and caring for the child, the home where the child will live, and the child's wishes if the child is of sufficient age, intelligence, and maturity to make such a decision.

If you and your partner are unmarried, you will have to pursue a parentage action to settle issues of paternity before a court will award child custody and support.

In addition to a judge possibly awarding custody to their other parent because of your action, you could be held in contempt of court if your temporary SAPCR order requires notification to the other parent and you don't give it.

A court will award parents joint custody — meaning that parents will share the decision - making authority and must make all decisions together — only if they can demonstrate an ability to communicate and cooperate.

The UAE has gone forward to engage in custody proceedings within that country, so if the mother is awarded custody, the UAE will allow the daughter to stay with her.

The court can award sole legal custody to one parent if the judge finds that joint custody would be harmful for the child.