Sentences with phrase «issue of custody»

The best interests doctrine is a list of factors that judges must consider when deciding issues of custody.
You can ask the court to address issues of custody and visitation until your divorce is final.
Our mediators are family law attorneys who help you reach your own agreements on issues of custody, child and spousal support (alimony), and / or division of assets and debts.
However, in some states, fault may still be relevant in determining issues of custody and visitation, child support, spousal maintenance or property distribution.
Both resolve issues of custody, visitation and property distribution.
During both divorce processes, a judge will divide marital property, decide issues of custody and child support, and determine if spousal support is appropriate.
With both a separation and a divorce, your final order will address issues of custody, visitation and support.
When minor children are involved in a divorce, the parents must resolve issues of custody.
Rebecca has successfully argued and tried issues of custody and property division for her clients.
If you and your spouse agree about issues of custody, parenting time, child support, alimony, and property and debt division, you can incorporate those terms into a settlement agreement and submit it to the court while you're waiting for Alabama's cooling - off period to elapse.
Explanation of the basic issues of custody, support, tax consequences, retirement issues, and property division will be offered to help the financial professional understand what part of the divorce process their client may be in.
Although you're not required to file a separation agreement — or anything else — with the court to officially begin living apart, you can start the one - year requirement by attempting to reach a resolution with your spouse regarding issues of custody, support, alimony or property division by entering into a separation contract, which also denotes the date of your separation.
[3] In addition to the volatile issues of custody and access, this application raises a question as to whether grounds exist to set aside the separation agreement of the parties.
Nancy Cellucci, Associate, Family Law Nancy's Family Law practice includes all areas of law that involve families, including issues of custody, access, child and spousal support and division of matrimonial assets.
Virginia calls separation agreements «property settlement agreements,» although they address issues of custody as well as property.
This affidavit tells the court where your children have been living for the last five years and establishes that Michigan has jurisdiction over issues of custody.
You can also ask the court to readdress issues of custody whenever a significant change occurs that makes your arrangement no longer workable.
However, assuming that you and your family had spent at least the past six months in North Carolina, then North Carolina would be considered the «home state» of your kids for purposes of deciding issues of custody.
If you and your spouse can reach an agreement on issues of custody, support and property, you can be divorced on the basis of irreconcilable differences in a relatively short period of time.
When it comes to children, the best interests of the child is the sole consideration in determining issues of custody / guardianship and access / parenting time.
Explanation of the basic issues of custody, support, and property division will be offered to help the mental health professional understand which part of the divorce process their client may be in.
North Carolina is somewhat unique among states in two respects: spouses can divorce without first resolving issues of custody, support and property, and the state has abolished fault - based divorce.
If this defines marriage, then there is no reason to insist either on permanence or on exclusivity, and — as our experience with increasing divorce rates has shown — this would require the state to extend its reach in order to deal with issues of custody, children's educational and emotional well - being, spousal needs, and so on.
The issues of custody and payments for education are involved in divorce cases.
If the parties are unable to reach an agreement out of court, then a judge may have to decide the issues of custody, child support, spousal support, and division of marital property.
Once the issue of custody, now referred to legal decision making and parenting time, is decided the court must decide which parent will pay child support to the other parent, as well as the amount of that child support.
The court stated that while there also exists no prohibition to the parties settling the issues of custody and child support by arbitration, the provisions of an award for custody or child support will always be reviewable and modifiable by the courts.
In Crutchley v. Crutchley, 306 N.C. 518, 293 S.E. 2d 793 (1982), the court did not hold the order to arbitrate void, but did hold that the court must review the issue of custody / visitation de novo.
Since an agreement to arbitrate the issue of custody is tantamount to an agreement to give custody, enforcing such an arbitration agreement would be contrary to public policy, and is void.
Issues of custody (shared, sole, etc.) and issues surrounding the financial needs and means of the parties are often...
If you need the help of a mediator for the issues of custody and time sharing of your children, file Form 4A - 204 NMRA.
In H.E., the court overturned the applications judge's decision to order the mother and two daughters to return to Egypt to decide the issue of custody there.
The first issue with the Court of Appeals opinion is that it fails to distinguish legal custody from physical custody in addressing the issue of custody and of Mother's potential relocation.
The parties proceeded to try the issue of custody with Husband seeking to continue the 50/50 custody arrangement and Wife seeking primary custody.
In divorce mediation, issues of custody, child support, spousal support, and property division will be discussed.
Where there are children, issues of custody, guardianship and access to the children are likely to arise.
The Missouri court's primary concern when deciding issues of custody is the best interests of the child.
Under federal law, Florida can decide issues of custody and issue custody orders only if your children have lived in the state for the past six months.
In Maryland, during your divorce, the court will address the issue of custody in addition to property division, child support and alimony, if requested.
When it comes to deciding issues of custody and parenting time, the courts must focus on the best interests of the children.
Ultimately, if we settle all outstanding issues, I will draft a «Matrimonial Settlement Agreement» which will resolve all issues of custody, parenting time, child support, alimony, property distribution, and any and all other issues.
In cases where the issue of custody and visitation are hotly contested, or in cases where one parent wishes to move away, the court will often order a custodial evaluation, called a «730 Evaluation» after the section in the Evidence Code.
Then attention is paid to reaching an agreement on all issues of custody, support and division of the assets and debt.
Georgia's best - interests standard specifies 17 factors a judge must weigh when determining issues of custody.
Your Separation Agreement will clearly define the issues of custody and how you agree to parent your children and divide time with them.
Given the number of people seeking such information, I thought it would be a good idea to write a blog series about the issue of custody and how the California legal system determines the outcome of such legal requests.
You may «reserve» the issue of custody until after the child is born, meaning you do not need to pay a new filing fee to determine custody at the later date.
Moreover, financial issues, such as the amount of child support, are generally easy to determine once the issue of custody has been established.
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