Limiting factors
in child custody determinations involve quite complex legal issues which need the attention of a seasoned professional — a child custody lawyer.
Nancy D. Polikoff, Why Are Mothers Losing: A Brief Analysis of Criteria Used
in Child Custody Determinations, 7 Women's Rts.
See Nancy D. Polikoff, Why Are Mothers Losing: A Brief Analysis of Criteria Used
in Child Custody Determinations, 7 Women's Rts.
The wisdom of Solomon: Issues
in child custody determinations.
Not exact matches
On many points, decisions of Islamic religious courts have the force of national law (a touchy issue when a dispute involves a Muslim and a non-Muslim, or when one spouse
in an existing marriage converts to Islam and makes the other members of the family subject to Shari'a
determinations on matters such as
child custody).
In Massachusetts,
child custody determinations are based on the best interests of the
child.
In the state of Nevada, the following factors (in no particular order) are evaluated as part of a best - interests child custody determinatio
In the state of Nevada, the following factors (
in no particular order) are evaluated as part of a best - interests child custody determinatio
in no particular order) are evaluated as part of a best - interests
child custody determination:
To make this
determination, the Court exercises certain deliberations to award
custody, generally based upon those factors considered to be
in the best interest and welfare of the
child (ren).
Nebraska: The court makes a
custody determination based on the best interests of the
child, which include the relationship of the
child to each parent; (b) the desires and wishes of the
child; the general health, welfare, and social behavior of the
child; credible evidence of any abuse
in the household.
The review, entitled «Lesbian and Gay Parents and
Determination of
Child Custody: The Changing Legal Landscape and Implications for Policy and Practice,» was published
in the first issue of the American Psychological Association's (APA) new journal, Psychology of Sexual Orientation and Gender Diversity, which was released
in March 2014.
The potential impacts of social media activity on many aspects of a divorce case, from spousal support, to
determination of income for
child support, to
determination of
custody and visitation for minor
children, are too numerous to discuss here or for an attorney to address
in advising their client on what they can and can not share on social media.
Virginia courts, first and foremost, consider the best interest of the
child in making a
child custody determination.
For more than 20 years, the New York
Child Support Standards Act (CSSA) has taken a great deal of the guesswork out of the determination of child support payments in Supreme Court divorce actions and Family Court custody and paternity petit
Child Support Standards Act (CSSA) has taken a great deal of the guesswork out of the
determination of
child support payments in Supreme Court divorce actions and Family Court custody and paternity petit
child support payments
in Supreme Court divorce actions and Family Court
custody and paternity petitions.
The Uniform
Child Support Enforcement and Jurisdiction Act (UCCJEA) contains a provision that, «A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding.&r
Child Support Enforcement and Jurisdiction Act (UCCJEA) contains a provision that, «A party to a
child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding.&r
child custody proceeding, including a modification proceeding, or a petitioner or respondent
in a proceeding to enforce or register a
child custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding.&r
child custody determination, is not subject to personal jurisdiction
in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating,
in the proceeding.»
Both pieces of legislation dictate that the
determination of
custody and access of the
children following a separation or divorce will be based upon the best interests of the
child in the circumstances.
In such circumstances comity is violated because the issuing state might still believe its courts have an interest in protecting its residents in such child custody determination
In such circumstances comity is violated because the issuing state might still believe its courts have an interest
in protecting its residents in such child custody determination
in protecting its residents
in such child custody determination
in such
child custody determinations.
We know that the issue of
Child Custody in North Carolina often evokes deep emotion, and that emotion is just as important a factor
in the
determination of
Child Custody as the legal issues that arise.
Once a
Child Custody determination is made, it is often memorialized
in a Court Order called a Consent Order.
A family attorney
in Manassas provides information to parents about the different types of
custody and factors that can affect
custody determinations, the basics of how
child custody decisions are made
in the family courts, and the rights to
custody of unmarried fathers, among other topics.
This article explains how the occurrence of domestic violence impacts a court's
determination of which parent should have
custody of a
child in New Mexico.
Therefore,
in any judicial
determination regarding the
custody of
children, including where they reside, the best interests of the
child should be the standard and primary consideration.
If the court finds it is not
in the best interests of the
child to relocate as defined herein, but the parent with whom the
child resides the majority of the time elects to relocate, the court shall make a
custody determination and shall consider all relevant factors including the following where applicable:
When a marriage or a relationship that resulted
in children dissolves, and the parents are unable to make a
child custody determination without court intervention, the court will make the custodial decision.
There isn't really a significant difference
in the
determination of
custody and parenting time between California and Nevada
in that both states focus on a standard of what's
in the best interest of minor
children.
When South Carolina codified
child custody factors
in June 2012 as S.C. Code § 63-15-220, I noted, «I do not see any reason why this statute should radically alter South Carolina
child custody determinations.»
Katherine has extensive litigation experience
in all aspects of family law including
custody, financial issues including corporate and business issues arising out of separation, income
determination, and
child and spousal support.
Our Family Law Group offers legal assistance
in custody, access, financial issues arising out of separation, income
determination, and
child and spousal support.
On the basis of the fresh evidence, the Court of Appeal found that on a balance of probabilities, the three
children would suffer serious harm if now ordered to return to Nigeria to await a
custody and access
determination in the Nigerian courts.
In an uncontested divorce, the spouses agree on everything and do not need the court to divide assets or make
determinations about spousal or
child support or
custody.
In making a custody determination, Illinois courts look at evidence that shows what is in the best interest of the chil
In making a
custody determination, Illinois courts look at evidence that shows what is
in the best interest of the chil
in the best interest of the
child.
If the court determines that the
child is mature enough to understand the proceedings, usually 14 or older, the court may consider the
child's wishes
in the
custody determination..
In Idaho, «the court may award either joint physical
custody or joint legal
custody or shared
custody based on the court's
determination of the best interests of the
child or
children.»
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.
If mediation is not successful, the court may then appoint a
custody evaluator as well as an individual to represent the
child's interests - a guardian ad litem,
child representative or attorney -
in order to assist the court
in making a
custody determination.
Virginia
custody determinations are based on what the court determines is
in the
child's best interest.
In making such
determinations, the family courts of Hawaii do not award
custody based on the parent's gender or wealth but on the best interests of the
child.
If you are involved
in a
child custody dispute, whether it is the initial
child custody determination or a
child custody modification, you would be wise to consult a family law attorney
in your jurisdiction to help you learn about the law and the standard for
custody determination in your area and how these laws apply to your specific situation.
Like all states, an Arizona court bases
child custody determinations on what is
in the best interests of the
child, but a judge will consider certain factors
in making a
determination.
Although some states have moved away from traditional fault grounds, adultery may still affect certain aspects of a divorce, such as spousal support, property division, and
in extreme cases,
child custody determinations.
Like most states, the standard for
child custody determination in California is the overall best interest of the
child such that it assures the «health, safety, and welfare» of the
child and «frequent and continuing contact» with both parents.
Like most states, the standard for
child custody determinations in California is the overall best interest of the
child with an emphasis on ensuring the health, safety, and welfare of the
child and frequent and continuing contact with both parents absent
child abuse, domestic violence, or where the contact would not be
in the best interest of the
child.
This might play a larger role than
in the original
custody determination if the
child was not old enough at that time, but has since matured.
Law enforcement may place a
child in protective
custody based on an independent
determination that the
child's health, safety, and welfare is jeopardized.
In an initial custody determination, the trial court has «the widest discretion to choose a parenting plan that is in the best interest of the child.&raqu
In an initial
custody determination, the trial court has «the widest discretion to choose a parenting plan that is
in the best interest of the child.&raqu
in the best interest of the
child.»
adoption service (s)(
in intercountry adoption) The six major services provided by adoption service providers: (1) Identifying a
child for adoption and arranging an adoption; (2) Securing the necessary consent to termination of parental rights and to adoption; (3) Performing a background study on a
child or a home study on a prospective adoptive parent (s), and reporting on such a study; (4) Making nonjudicial
determinations of the best interests of a
child and the appropriateness of an adoptive placement for the
child; (5) Monitoring a case after a
child has been placed with prospective adoptive parent (s) until final adoption; or (6) When necessary because of a disruption before final adoption, assuming
custody and providing (including facilitating the provision of)
child care or any other social service pending an alternative placement.
For a listing of statutes
in 35 states requiring courts to consider evidence of domestic violence or abuse of a spouse
in custody or visitation determinations, see, the Family Violence Project of the National Council of Juvenile and Family Court Judges, Family Violence in Child Custody Statutes: An Analysis of State Codes and Legal Practice,
custody or visitation
determinations, see, the Family Violence Project of the National Council of Juvenile and Family Court Judges, Family Violence
in Child Custody Statutes: An Analysis of State Codes and Legal Practice,
Custody Statutes: An Analysis of State Codes and Legal Practice, 29 FAM.
Even if the custodial parent is otherwise «fit,» such bad faith conduct may be relevant to a
determination of what permanent
custody arrangement is
in the minor
children's best interest.
In making both temporary and permanent custody determinations, Nevada courts are primarily concerned with what is in the best interest of the chil
In making both temporary and permanent
custody determinations, Nevada courts are primarily concerned with what is
in the best interest of the chil
in the best interest of the
child.
Previously
in this space we discussed the fact that Florida and the other 49 states each passed the Uniform
Child Custody and Jurisdiction Act to promote mutual respect for child custody determinations from one state to the
Child Custody and Jurisdiction Act to promote mutual respect for child custody determinations from one state to th
Custody and Jurisdiction Act to promote mutual respect for
child custody determinations from one state to the
child custody determinations from one state to th
custody determinations from one state to the next.
Custody disagreements are settled by a judge's
determination of what is
in «the best interests of the
child.»