Florida law establishes two
kinds of child custody: legal and physical.
However, many don't realize that physical custody is not the only
kind of child custody arrangement available.
Not exact matches
Add the fact that mothers are almost always assigned primary
custody of minor
children and that
child support is not mandated in almost 40 percent
of all settlements and in any case is often irregularly or never paid, and you have a recipe for all
kinds of trouble.
Child custody disputes can be among the most contentious and complicated
kinds of legal situations a person can face, while the emotional toll
of these disputes can make it difficult to focus on the technical aspects
of your case.
«I think anyone facing a life - altering judgment — whether it's incarceration, eviction, deportation, loss
of custody of your
children, foreclosure on a mortgage you have — anyone facing those
kinds of judgements should have representation, in my opinion,» City Councilman Mark Levine told the Observer.
However, there is no prenuptial agreement
of any
kind that parties can enter into that is going to be binding on a court when it comes to issues relating to
custody, visitation or
child support for minor
children.
This
kind of separation agreement could settle terms
of spousal support where appropriate, as well as
child support and
custody to some extent, although
child support and
custody agreements are subject to the approval
of the court.
The rebuttable presumption means that unless the abusive parent proves otherwise, the court will find that it's in the best interests
of the
child for the perpetrator parent not to have sole
custody, joint legal
custody, or joint physical
custody of any
kind.
Judges make all
kinds of decisions, from the very personal, such as
child custody decisions, to those with much broader impact.
We provide this resource because judges make all
kinds of decisions, from the very personal, such as
child custody decisions, to those with much broader impact.
In another example
of the
kinds of difficult questions that Family Law judges have to grapple with, a recent Ontario case involved a father
of a
child who wanted
custody, despite having been arrested in a methamphetamine sting, and despite what the court called his «obvious pride» at being good at the «craft»
of running a marijuana - growing operation in his basement.
The Provincial Court declined to do this and noted that this essentially amounted to an order for
custody and access regarding the dog, which it found it did not have jurisdiction to do as these
kinds of orders apply to
children and not pets.
The court will decide these
kinds of custody and access issues by considering the «best interests»
of the
children and in most cases it will be found to be in the
children's interests to be allowed to go on a vacation with either spouse.
The requirements are somewhat different depending on which
kind of custody you want to change, but both are based on the best interests
of the
children.
A parent who does not have joint or sole legal
custody of his
child can make these
kinds of decisions without consulting the other parent while his
child is visiting with him.
At our Austin divorce firm, we work diligently to assist clients in family law matters
of all
kinds, including issues
of child custody, visitation, support, parental rights, and establishment
of primary residence.
Legal
custody is the right for a parent or guardian to make decisions about how the
child is raised, for example, the
kind of education the
child receives, the religion he or she has, and the health care he or she receives.
Instead
of «
custody,» which might imply ownership
of some
kind, Texas law uses the word «conservatorship» to describe the post-divorce parent /
child relationship.
This
kind of stipulation is included in
custody agreements in an attempt to allow the non-custodial parent to continue to foster a relationship with their
child.
In the first study
of its
kind to issue each state a grade, A through F, on how well
child custody statutes encourage shared parenting and parental equality, Ohio received a C -.
This flexible rule allows the court to consider all the relevant evidence and circumstances
of the case to figure out what
kind of custody arrangement is best for the
child.
Mother then believes that dad is again abusing
child and she contacts CPS, separates from dad and again there is a period
of about 8 months without contact... I have found absolutely no evidence
of any
kind of abuse (except mom's undying belief about abuse occurring... Other than, getting the
child a new therapist, a new school, what
kind of recommendations regarding
custody time with dad or even possible
custody change.
If you are unable to agree, then the judge will have to decide what is in the best interest
of the
child when deciding what
kind of custody and visitation to order.
There are two
kinds of legal
custody for a minor
child; joint legal
custody and sole legal
custody.
Martha Jacobson felt that the father should have joint
custody, even though he had not asked for it, and even though she knew that he was planning to move 40 miles away to the next county right after the divorce, which would pose logistical problems with this
kind of arrangement for a
child in preschool or kindergarten.
In all cases, my goal is to minimize the total costs to a client, and to set out a framework in the initial meeting as to what
kinds of legal costs might be expected, balanced with the need for an expert such as a GAL in a
child custody case or accountant in a case with valuation issues.
We have read many a mis - guided and ill informed
custody evaluation where the seriously enmeshed relationship between the alienated
child and the alienating parent is described as being «very close» implying that this
kind of closeness is healthy.
Legal
custody entails the responsibility
of a parent to make major decisions for a
child that would affect their life, such as what
kind of medical care they will receive or where they will go to school.
Sole legal
custody means that, again, only one parent is has the legal right to make important decisions regarding the
child's life such as where they will attend school or what
kind of health care they will receive.
Based on this specious and sadistic
custody evaluation, which Father then distributed widely to third parties, such as the
child's school, the Father then filed a series
of repetitive «emergency motions» over the ensuing months claiming severe parental alienation, and all
kinds of sick and disturbed behaviors by the
child when she was with him (behaviors that occurred nowhere else).
These so - called findings in fact were based on no personal observations
of anything that would tie the
child's behaviors in the presence
of the Father (which otherwise would look like some
kind of abuse by the Father) to the Mother as causative agent; rather, their conclusions were based on Martha Jacobson's baseless speculations [note] in the
custody evaluation report.
In divorce and
child custody cases, the contested issues vary depending on the parties» unique circumstances, but generally they concern with whom the
children will reside (physical
custody), who will make decisions concerning their religious and educational upbringing, medical care and treatment, and extracurricular activities (legal
custody), how the assets and debts
of the parties will be divided (equitable division
of the marital property), and what
kind of spousal support, if any, is to be paid by one party for the support
of the other spouse.
A parent with sole
custody has both
kinds of custody: Her
child lives with her with little or no physical visitation time with his other parent, and she has full decision - making authority without input from the other parent.
Conversely, even collaboratively - resolved family law cases (just as for family law cases resolved by mediation or settlement alone) can find their way back into court years later for future disputes involving
child support and
child custody, inasmuch as these
kinds of matters remain open for adjudication during the minority
of the
child, and there is no guarantee that new disputes will be resolved collaboratively... [The rest
of the article is at the collaborative law website HERE.]
So far from these topics being off - limits, any MHP seeking appointment in a court case needs to fully inform the parties prior to their consent [123],
of information about the following
kinds of potentials for bias and agenda: whether the MHP has been married or divorced, and how many times, and under what
kinds of circumstances, and how the MHP currently feels about those events; whether, if divorced, the MHP went through litigation over
custody or property, and such details as whether the MHP had problems paying or receiving
child support, as well as the
custody arrangements
of the MHP's own
children and how these worked out and everyone's feelings about them; the MHP's own personal experience taking care
of and spending time with
children, within and without the scope
of «parenting», and with regard to parenting, whether that was parenting as a primary caregiver, married or single parent, with or without household and third party help, or as a working parent or stay - home parent, and for how many
children, and for how long, and the outcomes from all
of that; i.e. how much time has this person actually spent caring for
children on his or her own, and how well did this person's own family systems function, and is this person in fact an «expert» in creating a functioning family and raising happy, healthy, successful
children with good outcomes, nay «best» outcomes, thoroughly well - adjusted and having reached the very pinnacles
of their innate potential.