Sentences with phrase «in the custody determination»

The self - represented appellant mother argued that the trial judge was biased, that he erred in his custody determination, and that he erred in not awarding spousal support.

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..

Joan Zorza, «Friendly Parent» Provisions in Custody Determinations, 26 CLEARINGHOUSE REV. 921, 923 (1992).

Stephens Margolin: New Case Law — Importance of the «Primary Caregiver» in Custody Determinations

In a custody determination, a family court in Arizona will not discriminate against a parent due to the parent's gender.

The primary caretaker preference eliminates much of the bickering and confusion inherent in custody determinations by awarding custody to the parent who has been most responsible for raising the child.

Although each jurisdiction has its own set of factors that a judge may consider in custody determinations, the best interests of the child always takes precedence over the interests of the parents.

See generally Joanne Schulman & Valerie Pitt, Second Thoughts on Joint Custody: Analysis of Legislation and Its Implications For Women and Children, 12 Golden Gate U. L. Rev. 539 (1982); Joan Zorza, «Friendly Parent» Provisions in Custody Determinations, 26 Clearinghouse Rev. 921, 924 - 25 (1994)(stating that these provisions create many problems for women in custody disputes, particularly those in domestic violence situations); Family Violence in Child Custody Statutes: An Analysis of State Codes and Legal Practice, 29 Fam.

The best interests of the child are paramount in all custody determinations made in Kentucky.

WHEREAS, the newly revised, 2006 edition of «Navigating Custody and Visitation Evaluations in Cases with Domestic Violence: A Judge's Guide,» published by The National Council of Juvenile and Family Court Judges, includes a strong statement condemning the use of PAS which it calls a «discredited» syndrome that favors child abusers in 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 general, family courts in New Jersey will consider the following factors when making a custody determinatioIn general, family courts in New Jersey will consider the following factors when making a custody determinatioin New Jersey will consider the following factors when making a custody determination:

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 determinatioIn the state of Nevada, the following factors (in no particular order) are evaluated as part of a best - interests child custody determinatioin 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).

The court will also consider a drug conviction in the past five years or evidence of frequent drug use before making a determination about custody and / or visitation.

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.

In his ruling, Justice Saidu turned down the 1st defendant's application for bail and ordered that she should be remanded in EFCC's custody pending the determination of her bail applicatioIn his ruling, Justice Saidu turned down the 1st defendant's application for bail and ordered that she should be remanded in EFCC's custody pending the determination of her bail applicatioin EFCC's custody pending the determination of her bail application.

The judge said the three accused persons were to remain in the prison custody pending the determination of their bail applications, the hearing of which has been fixed for July 1, 2016.

A Federal Capital Territory, High Court sitting in Gudu, Abuja has ordered the Economic and Financial Crimes Commission, EFCC, to remand into prison custody pending the determination of a bail application by the Ex - FCT minister Bala Mohammed who has been arraigned over a 6 - count charge bordering on abuse of office, false declaration of assets and fraud to the tune of N864million.

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.

In Virginia, legal custody is generally granted jointly, which permits both parents the right to be involved in making determinations about those issueIn Virginia, legal custody is generally granted jointly, which permits both parents the right to be involved in making determinations about those issuein making determinations about those issues.

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 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.»

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 determinationIn 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 determinationin protecting its residents in such child custody determinationin 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.

The Second Department ruled that, in any event, Ontario's Hague return order meant that Ontario had deferred jurisdiction to New York and that substantial evidence was available in New York so that, even if the six month rule had not been satisfied, a New York court had jurisdiction to make an initial custody determination under Domestic Relations Law Sec. 76.

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.

(d) a person if that person is awaiting determination of an application for permanent residence in Canada under the Immigration and Refugee Protection Act (Canada) or an application for Canadian citizenship and his or her parent or someone else with lawful custody of him or her is a Canadian citizen resident in Ontario;

Over half of them were in pre-trial custody — legally innocent and waiting for their trial or a determination of their bail.

The UCCJEA generally requires U.S. courts to register and enforce custody determinations issued by a foreign court if that court had jurisdiction under the jurisdictional principles contained in the UCCJEA.

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.

We find insufficient evidence in the record to support the family court's determination that a substantial change in circumstances warranted a change in custody.

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:

In Plugers v. Krasnay, the court affirmed that custody determinations made by the trial judge are entitled to deference and are unlikely to be interfered with on appeal in the absence of compelling fresh evidence that the custodial regime in place since trial is not workinIn Plugers v. Krasnay, the court affirmed that custody determinations made by the trial judge are entitled to deference and are unlikely to be interfered with on appeal in the absence of compelling fresh evidence that the custodial regime in place since trial is not workinin the absence of compelling fresh evidence that the custodial regime in place since trial is not workinin place since trial is not working.

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.

The majority opinion attempted to finesse the issue by holding that the family court could note the parties» prior informal arrangement in reaching its custody determination.

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.

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.&raquIn 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.&raquin its final order, the court shall state its determination as to custody and shall state its reasoning for that decision.»

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.»

[25] The trial judge found it impossible to predict whether M would survive psychologically the «experiment» of changing custody in the only manner that would be available given Ms. A.'s «intransigence and determination».

2011), approved the family court's use of the relocation factors first set forth in Latimer v. Farmer, 360 S.C. 375, 602 S.E. 2d 32 (2004) in a case involving an initial custody determination.

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.

In a case that was heard by the Ontario Court of Appeal recently, a simple visit by a 12 - year old girl to come see her father in Canada came to a dramatic head, and sparked a custody dispute that had repercussions relating to allegations of abuse, determination of immigration status, and protection of the girl's constitutional rightIn a case that was heard by the Ontario Court of Appeal recently, a simple visit by a 12 - year old girl to come see her father in Canada came to a dramatic head, and sparked a custody dispute that had repercussions relating to allegations of abuse, determination of immigration status, and protection of the girl's constitutional rightin Canada came to a dramatic head, and sparked a custody dispute that had repercussions relating to allegations of abuse, determination of immigration status, and protection of the girl's constitutional rights.

Our Family Law Group offers legal assistance in custody, access, financial issues arising out of separation, income determination, and child and spousal support.