There are several issues that must be considered when considering which parent should
maintain custody of a child with special needs.
There are several issues that must be considered when considering which parent should
maintain custody of a child with special needs.
In some custody cases, both parents may be unfit to
maintain custody of the child; if that's true, the grandparents are often a primary option for custody.
Not exact matches
As with most joint physical
custody schedules, this one requires that your
children have fully functional bedrooms and living space in each
of your homes:
Maintain separate wardrobes, toys, and favorite electronics at each place to the extent possible.
True joint
custody arrangements are rare because
of their potential to cause both personal difficulties (stress, disruption
of child's routine) and practical problems (scheduling, costs
of maintaining two permanent living spaces for the
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.
Custody of the six children Jolie and husband Brad Pitt share is expected to be the largest part of the divorce proceedings, as Jolie has filed for sole physical custody, with visitation rights for Pitt, while asking the two maintain joint legal c
Custody of the six
children Jolie and husband Brad Pitt share is expected to be the largest part
of the divorce proceedings, as Jolie has filed for sole physical
custody, with visitation rights for Pitt, while asking the two maintain joint legal c
custody, with visitation rights for Pitt, while asking the two
maintain joint legal
custodycustody.
If
maintaining a close geographic relationship with both parents were controlling, no primary parent would be allowed to move away over the objection
of the other parent without losing
custody of the
child.
A distinguishing feature
of legal
custody is that the
child is cared for by a relative or someone else close to them while
maintaining their name, contact with family, and rights
of inheritance.
Our clients» issues involve the basic essentials
of life such as: the ability to
maintain housing; obtaining or
maintaining essential benefits to the disabled and
children; employment practices;
child custody and visitation issues.
First, since Ms S and Ms L have sole
custody of the Union citizens concerned who are minors, a decision by them to leave the territory
of the Member State
of which those
children are nationals, in order to preserve the family unit, would have the effect
of depriving those Union citizens
of all contact with their biological fathers, should such contact have been
maintained up to the present.
The typical recommendations from the
child custody evaluation is to
maintain the status quo
of favored
custody to the allied parent and another round
of failed «reunification therapy.»
Canada's own resident expert on
custody and the influence
of father absence in
children's lives, UBC Professor
of sociology, Edward Kruk, has written extensively on the desperate need for
children to
maintain bonds with both parents after their separation.
A custodial parent has physical
custody of the
child a majority
of the time, while a non-custodial parent
maintains regular contact and scheduled visitation.
The issue
of child custody is a contentious one, as both parents going through a divorce tend to want to
maintain significant contact with their
children.
New York courts generally attempt to
maintain the existing
child custody order largely for the benefit
of the
child.
The court may suggest the non-relocating parent take physical
custody of the
child to
maintain as much stability.
A dramatic change to one or both parents» income level — If one parent is no longer able to
maintain an expected level
of care for a
child, the other parent may gain
custody of the
child.
One
of you can have sole physical
custody which means that your
child lives with one parent and has a visitation schedule to
maintain regular contact with the other parent.
One
of the
custody regulations set by the National Conference
of Commissioners on Uniform State Law notes that, when determining
custody, a judge must consider which parent is most likely to help a
child maintain a relationship with the other parent.
In the context
of custody and visitation, the explicit preference that
children maintain significant contacts with both parents after separation and divorce and the tendency to see marital dysfunction as the product
of conflict rather than abuse have led specialists in partner abuse to accuse family courts
of ignoring abuse and its consequences for both adults and
children.
The judge in a
custody case looks at several factors including who historically served as the primary caretaker
of the
child, the physical and mental health
of the parents and the
child, age
of the
child, and the type
of residences
maintained by each parent.
In each case, determining factors such as lifestyle, employment, and each parent's ability to care for a
child and best
maintain the positive aspects
of the environment the
child has become accustomed to are taken into consideration before deciding which parent should be given
custody.
If you are planning on being the Head
of Household, as a parent you may need to prove that you
maintained a household for a
child AND had approximately 51 percent
of custody time.
With OPPLA, the
child welfare agency
maintains care and
custody of the youth and arranges a living situation in which the youth is expected to remain until adulthood.
This is a tough one for the joint
custody propagandists, because the research findings indicate that
children do not need to spend more time with their fathers in order to
maintain their levels
of attachment with them.
The separation agreement should resolve issues that relate to
child custody, parenting time,
child support, spousal support, payment
of medical expenses,
maintaining health insurance coverage,
maintaining automobile insurance coverage,
maintaining life insurance coverage, who will pay the mortgage, who will pay the credit card bills, etc..
Alabama law expresses a preference for parents to share as equally as practically possible in the
custody of a
child in a divorce case because the court believes both parents should be permitted the ability to develop and
maintain a meaningful relationship with their
child despite the end
of the marriage.
When you retain the help
of my firm, I can help you resolve your unique
child support and
custody problems to ensure that your rights and the interests
of your
child are
maintained.
Factors that will be assessed in determining
child custody will include care
of the
child,
maintaining family relationships and parenting skills.
If the
children were raised in the marital home and have significant ties to the community, neighborhood and school, a court could conclude that the spouse with
custody should get the home to
maintain consistency in the lives
of the
children.
In some cases, one parent will
maintain physical
custody of the
children (known as the custodial parent), and the other (known as the non-custodial parent) will agree to spend time with the
children based on a visitation schedule set forth in the parenting plan.
The objective
of New Jersey
child custody is to ensure that both parents
maintain meaningful relationships with the
child, in part by ensuring both parents spend time with the
child.
Under the terms
of the Uniform
Child Custody Jurisdiction and Enforcement Act, the state where you filed for divorce usually
maintains jurisdiction until your divorce is final.
When women anticipate a clear gender bias in the courts regarding
custody, they expect to be the primary residential parent for the
children and recipient
of the resulting financial
child support,
maintaining the marital residence, receiving half
of all marital property, and gaining total freedom to establish new social relationships.
In other words, it's possible for parents to share legal
custody, but only one
maintains physical
custody of the
children.
Parents engaged in
custody disputes over very young
children should carefully consider the importance
of developing attachments and work to
maintain the
child's attachment to both parents.
Thus, to obtain 50/50
custody, the parents generally must show they are able to work together and
maintain a civil relationship for the sake
of their
children.
[Divided primary
custody of two
children maintained, father's petition to change
custody of daughter to himself denied.]»
«CONSIDERING that the Mother's behaviour is tantamount to constituting, according to the evidence, a case
of parental alienation, while also ignoring that under Quebec law, both the Mother and the Father exercise jointly the parental authority over their
child; FOR THESE REASONS, THE COURT...
MAINTAINS the Father's Motion; GRANTS joint legal
custody of the
child [orders mother to return
child to the father at her own cost, psychosocial evaluation
of the
child, reserves right to father to bring motion for sole
custody or to modify terms if mother stays in Canada longer than summer months].»
One
of the most important conclusions that came out
of the consultation concerned the rejection
of all assumptions about
child custody and the importance
of maintaining the flexible criterion
of the interest
of the
child along with the «friendly parent» and «maximum contact» principles.
Dr. Brams
maintained that this syndrome is particularly common in cases
of child custody and in situations where there are allegations
of sexual abuse within the family.
A relatively recent, and highly controversial, concept developed by the American Law Institute to assist the court in deciding
child custody cases by asserting the premise that
maintaining approximately the same parenting routines after divorce as the parents and
child (ren) experienced before divorce is in the best interest
of the
child (ren).
True joint
custody arrangements are rare because
of their potential to cause both personal difficulties (stress, disruption
of child's routine) and practical problems (scheduling, costs
of maintaining two permanent living spaces for the
child).
In subsequent
child custody decisions, the court must balance the
child's best interests along with the interests
of one parent's right to move and
of the other parent's right to
maintain a close connection with the
child.
If you could use the positive karma
of settling out
of court in a collaborative divorce, it could be the difference in
maintaining that positive relationship when it comes to sharing
custody of your
children.
There are concerns about presuming that joint
custody arrangements and joint
custody statutes are the only way
of providing that a father can
maintain contact with his
children.
The «persuasive» impact
of joint
custody statutes is compounded by friendly parent statutes which provide that in considering an award
of sole
custody, the court may consider which parent is most apt to allow the other to
maintain frequent association and relationship with the
child.
Although the
custody and visitation issues had not yet been decided when this Article went to press, Diana's lawyer is confident that Diana will
maintain sole
custody of her
children.
Getting «sole
custody» is actually quite uncommon, as New Hampshire courts make their best effort to ensure the
child maintains a relationship with both
of his or her parents.