We have been serving the Rochester Region since 1975 What we believe: That maintaining meaningful parent / child relationship should be the primary goal
of any custodial arrangement.
Couples fighting over the custody of their children need psychologists to support their version
of a custodial arrangement serving the best interests of the children.
Not exact matches
(6) Is there any indication that the psychological and emotional needs and development
of the child will suffer due to a particular joint
custodial arrangement?
It is always better, in case
of couples who are going in for a divorce, to decide upon a
custodial arrangement that is agreeable to both parties.
The courts in these cases noted that, under certain custody
arrangements, non-
custodial parents may have visitation schedules that rival those
of the
custodial parents and at a similar cost.
Under the terms
of the
arrangement, Hartford Public Schools provided a physical plant, utilities,
custodial and other support services, while Achievement First provided the instruction and operated the school according to its successful model.
ML Wealth does not participate, at this time, in wrap fee programs, which are
arrangements between broker - dealers, investment advisers, banks and other financial institutions and affiliated and unaffiliated investment advisers through which the clients
of such firms receive discretionary investment advisory, execution, clearing and
custodial services in a «bundled» form.
(1) the temperament and developmental needs
of the child; (2) the capacity and the disposition
of the parents to understand and meet the needs
of the child; (3) the preferences
of each child; (4) the wishes
of the parents as to custody; (5) the past and current interaction and relationship
of the child with each parent, the child's siblings, and any other person, including a grandparent, who may significantly affect the best interest
of the child; (6) the actions
of each parent to encourage the continuing parent child relationship between the child and the other parent, as is appropriate, including compliance with court orders; (7) the manipulation by or coercive behavior
of the parents in an effort to involve the child in the parents» dispute; (8) any effort by one parent to disparage the other parent in front
of the child; (9) the ability
of each parent to be actively involved in the life
of the child; (10) the child's adjustment to his or her home, school, and community environments; (11) the stability
of the child's existing and proposed residences; (12) the mental and physical health
of all individuals involved, except that a disability
of a proposed
custodial parent or other party, in and
of itself, must not be determinative
of custody unless the proposed
custodial arrangement is not in the best interest
of the child; (13) the child's cultural and spiritual background; (14) whether the child or a sibling
of the child has been abused or neglected; (15) whether one parent has perpetrated domestic violence or child abuse or the effect on the child
of the actions
of an abuser if any domestic violence has occurred between the parents or between a parent and another individual or between the parent and the child; (16) whether one parent has relocated more than one hundred miles from the child's primary residence in the past year, unless the parent relocated for safety reasons; and (17) other factors as the court considers necessary.
A «move - away «case arises when a parent that has joint or sole custody
of the child decides to move to a location that is far enough away to disrupt the current
custodial arrangement.
The rules say that shared physical custody, regardless
of «legal
custodial arrangements,» is an appropriate reason for deviation.
However, this case aside, the «bird's nest»
custodial arrangement will not be accepted by the judiciary as a co-parenting option to be ordered without the agreement
of the parties as a standard practice.
The factors to be considered include: each parent's reasons for seeking or opposing the move, the quality
of the relationships between the child and the
custodial and noncustodial parents, the impact
of the move on the quantity and quality
of the child's future contact with the noncustodial parent, the degree to which the
custodial parent's and child's life may be enhanced economically, emotionally and educationally by the move, and the feasibility
of preserving the relationship between the noncustodial parent and child through suitable visitation
arrangements.
Two
of the most important factors family lawyers in Leesburg work on are establishing
custodial arrangements for children when the parents are separating or have an insufficient agreement in place and are establishing child support.
(4) The court shall attempt to minimize impairment to a parent - child relationship caused by a parent's relocation through alternative
arrangements for the exercise
of custodial responsibility appropriate to the parents» resources and circumstances and the developmental level
of the child.
The
custodial arrangement for the child or children is the determination
of which parent the child or children will primarily live with.
Father cross-appealed the provision
of the order that provided the
custodial arrangement would resume if she moved back to South Carolina after moving to Florida.
The
custodial arrangement ends when the minor reaches the age
of 18 or 21, depending on the state.
However, where the parents have a shared
custodial arrangement, the trial court was required to make a full redetermination
of what custody order was in the best interests
of the children.
While in most cases Arizona families are able to work around the parameters
of the
custodial plans they are bound to follow, in some situations following a child custody
arrangement can be downright frustrating.
Parents who foster cooperative shared
custodial arrangements after a divorce can minimize some
of the anxiety and adjustment that comes with divorce, explains psychologist Lesley Foulkes - Jamison, a former therapist
of Clinical Psychology Associates
of North Central Florida who now works in private practice in South Carolina.
According to research, about half
of all children in joint physical custody see both parents at least weekly, compared to one in 10 children in traditional custody
arrangements (
custodial mother, noncustodial father).
The rights
of a
custodial parent can vary by jurisdiction as well as the terms set forth in a parenting plan established in a divorce settlement or legal custody
arrangement.
This article will examine recent decisions concerning the relocation
of the
custodial parent in sole or primary physical custody
arrangements as well as the proposed relocation
of a parent in cases involving a joint
custodial arrangement, including both joint legal custody and joint physical custody.
When the parents can not agree and end up litigating, the judge determines the
custodial arrangement and it becomes part
of the custody order.
For every rare couple (usually unremarried) who professes satisfaction with a shared
custodial arrangement, many more honestly will admit that «Yeah, we tried that for X number
of years while we still lived in the same town, and it was a nightmare... now we get along pretty good.»
Even if the
custodial parent is otherwise «fit,» such bad faith conduct may be relevant to a determination
of what permanent custody
arrangement is in the minor children's best interest.
The court will only modify a custody order upon a demonstration
of a material change
of circumstances, which means that the existing
custodial arrangement is no longer in the best interests
of the child, such as when a serious health problem prevents a parent from taking care
of a child.
This kind
of arrangement usually gives the primary
custodial parent the right to make major decisions concerning the child and allows the child to have a stable home environment.
When parents do not agree about the
custodial arrangement for their children, a Mississippi court will examine the best interests
of the children in determining custody.
Typically, the non-
custodial parent pays child support to the
custodial parent in order to help with the financial responsibilities
of raising the children, but there can be other family
arrangements, such as child support paid to a non-spouse or a third party.
The court stated that this concern with the nature
of the parties»
custodial arrangement was not dependent on the terms used by the parties to describe their
arrangement as the terms
of their agreement and the divorce judgment indicated that the parties only had joint legal custody.
Provided they focus on the best interests
of the child, parents can modify
custodial arrangement between themselves.
For this reason the concept
of joint custody developed in the 1970s and 1980s as an alternative to the traditional single parent
custodial arrangement.
In order to determine if such a shared custody
arrangement existed, the court stated that the critical factor in making such a determination is the division
of time regarding «each party's responsibility for the
custodial functions, responsibilities and duties» normally performed by the child's primary caretaker.
For other cases holding that proposed relocation requests which would result in the effective termination
of a shared physical
custodial arrangement should be treated as a modification
of custody, see, e.g., Lewellyn v. Lewellyn, 351 Ark. 346, 93 S.W. 3d 681 (2002)(both mother and father petitioned for sole custody
of children after mother's proposed relocation would make parties» shared physical
custodial arrangement unworkable; court found that mother's relocation constituted material change
of circumstances warranting award
of sole custody to father, even though such a relocation would not be considered a material change in circumstances in a case that did not involve shared physical custody), and In re Marriage
of Garst, 955 P. 2d 1056 (Colo..
It is well documented through years
of scientific research that actual
custodial arrangements are secondary to other issues.
The
custodial parent has an obligation to provide disclosure: Similar obligations to disclose financial information prior to commencement
of court action are placed upon recipients
of child support where a child support order has provided for special or extraordinary expenses, where undue hardship was invoked, where unusual debt loads were considered, where special
custodial arrangements were in place, or where incomes are over $ 150,000.00.
With the failure to take into account the individual needs
of the family, the above
arrangement, very often, placed a huge burden for the
custodial parent who would have to the day to day parenting responsibility, while at the same time the non-
custodial parent became the fun parent whose time with the children was weekend play.
While the amount
of child support paid depends in part on the custody and visitation
arrangement, the two issues are separate and the
custodial parent can not withhold visitation if the noncustodial parent refuses to pay child support or falls behind.
The terms
custodial parent and primary physical custody usually describe the same type
of custody
arrangement.
Although a guardianship includes many
of the same legal rights as the rights held by a
custodial parent, guardianship and custody are distinctly different
arrangements.
Terminology: In order to reaffirm our commitment
of raising our child (ren) in a dual - household status, we choose to use the terms «live with mother» and «live with father» in describing our
arrangement, rather than in terms
of custody / primary and non -
custodial / access as may be defined in other legal documents.
Document agreed - upon changes to the
custodial arrangements, providing objective evidence and an audit trail in the event
of future disputes.
In the absence
of abuse, equal parenting will be the default
custodial arrangement.
If a non-
custodial parent sets up an informal
arrangement with the
custodial parent, the non-
custodial parent should retain proof... MORE
of all payments made such as check stubs or receipts for purchased items.
In this proceeding, a court will either alter the child custody
arrangement, in favor
of the non-
custodial parent or a court may leave the current
custodial agreement intact.
, a series
of peer - reviewed articles have pointed to success in changing
custodial or residential
arrangements in favour
of the targeted parent.
These factors include how dependant the child's sense
of stability is upon the current
custodial / time sharing
arrangement, how far away the relocation destination is from the non-
custodial parent, the age
of the child or children, the relationship between the child and both parents, the relationship between the parents and whether they are capable
of facilitating a continued relationship between the child and the non-
custodial parent from a distance, the child's wishes if she is appropriately mature, and the reason for the relocation.
In other words, when a court issues a custody order, it typically will not order a change to the
arrangement unless there's been a significant change
of circumstances — a change so significant that the best interests
of a child are no longer served by the existing
custodial arrangement.
These factors are: (1) the potential advantages
of the proposed move and likelihood the relocation will substantially improve the life
of the
custodial parent and child as well as whether the move is the result
of a momentary whim by the
custodial parent; (2) the integrity
of both parents» motives - for the move and opposing the move; and (3) whether there are alternative custody or visitation
arrangements that can be made that will foster an ongoing relationship between the child and noncustodial parent.