(1) «Petitioner» means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement
of a child custody determination.
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 determination:
A family court's award
of joint
custody will determine where the
child will physically live and when, and the court will also make a
determination regarding how major decisions regarding his health, education, and religious needs will be made.
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).
Legal precedent and conflicting philosophies regarding joint
custody notwithstanding, the ultimate
determination still rests upon the best interests
of the
child.
A California family court can order a parent or third party seeking
custody or visitation
of a
child to undergo a drug test for illegal drug use, prior to making a
custody determination.
Answers to frequently asked questions about how
child custody determinations are made, such as the importance
of the
child's best interests; the meaning
of «primary caretaker;» and more.
Basics
of what a court considers when grandparents seek visitation or
custody of a
child, a
determination that is primarily based on the
child's needs and best interests.
When parents get divorced (or have
children outside
of marriage), one
of the most important
determinations is who gets
custody.
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.
Finally, under the new act, the government is authorized to locate a
child and enforce the
custody determination, and the prosecutor is authorized to utilize any civil proceeding to secure the enforcement
of the
custody determination.
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.
We will regularly update this blog, posting on a wide range
of divorce and family law topics, including
child custody, modifications and enforcement, and paternity
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.
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.
Permitting the parties, by stipulation, to limit the trial court's authority to review
custody determinations would nullify the protections of the Child Custody Act and relieve the circuit court of its statutorily imposed responsibi
custody determinations would nullify the protections
of the
Child Custody Act and relieve the circuit court of its statutorily imposed responsibi
Custody Act and relieve the circuit court
of its statutorily imposed responsibilities.
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:
One
of the most important
determinations made when two people seek a legal separation or divorce regards
custody of any
children under the age
of eighteen.
She has experience dealing with matters involving
custody and access
of children,
child and spousal support, income
determinations, business valuations and division
of property / equalization.
Child custody can be determined by stipulation of the parties, which is preferable, or by a court determination using the best interest of the child stan
Child custody can be determined by stipulation
of the parties, which is preferable, or by a court
determination using the best interest
of the
child stan
child standard.
Under this arrangement, regardless
of physical
custody, the parents have an equal right to make
determinations about their
child's future.
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.
The 1997 legislation replaces any prior legislation, which was found to be inconsistent with the Parental Kidnapping Prevention Act with regard to
determination of initial
child custody.
Section 24
of the
Children's Law Reform Act states that any
determination with regards to
custody and access will be based on the best interests
of the
child.
It is important to know what Arizona statute says about how a court is to make a
determination about
child custody, as well as the types
of child custody that the state recognizes.
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.
For example, a Uniform
Child Custody Jurisdiction Enforcement Act Affidavit is required, establishing the home state of the children and court's jurisdiction over them, and completed IV - D Child Support Services Application / Referral form, which helps facilitate the determination of child support through the Michigan Friend of the Court, the agency responsible for overseeing and enforcing child custody and support orders and modificat
Child Custody Jurisdiction Enforcement Act Affidavit is required, establishing the home state of the children and court's jurisdiction over them, and completed IV - D Child Support Services Application / Referral form, which helps facilitate the determination of child support through the Michigan Friend of the Court, the agency responsible for overseeing and enforcing child custody and support orders and modific
Custody Jurisdiction Enforcement Act Affidavit is required, establishing the home state
of the
children and court's jurisdiction over them, and completed IV - D
Child Support Services Application / Referral form, which helps facilitate the determination of child support through the Michigan Friend of the Court, the agency responsible for overseeing and enforcing child custody and support orders and modificat
Child Support Services Application / Referral form, which helps facilitate the
determination of child support through the Michigan Friend of the Court, the agency responsible for overseeing and enforcing child custody and support orders and modificat
child support through the Michigan Friend
of the Court, the agency responsible for overseeing and enforcing
child custody and support orders and modificat
child custody and support orders and modific
custody and support orders and modifications.
Custody determinations often have a significant impact on the life
of a
child.
In making a
custody determination, Illinois courts look at evidence that shows what is in the best interest
of the
child.
Legal
custody refers to the
determination of who will make decisions for the
child, such as those regarding education and health.
Almost all family law courts base
custody determinations on the best interests
of the
children.
Physical
custody refers to the
determination of where a
child will live.
Like all states, Alabama courts make
custody and visitation
determinations based on the best interests
of the
child.
However, if the
determination is that the interests
of the
child would be better served by placing all legal authority with one parent, the condition is known as full
custody.
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.»
A history
of domestic violence may affect the court's
child custody determinations.
If
custody and
child support is contested, you can request that the court make a
determination about who should have
custody of the
children and who should pay
child support.
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.
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.