If the court doesn't
order joint decision - making responsibility for some reason, such as if there's a history of domestic violence between parents, a non-custodial parent still has certain rights.
Not exact matches
Among them are the rights to: bullet
joint parenting; bullet
joint adoption; bullet
joint foster care, custody, and visitation (including non-biological parents); bullet status as next - of - kin for hospital visits and medical
decisions where one partner is too ill to be competent; bullet
joint insurance policies for home, auto and health; bullet dissolution and divorce protections such as community property and child support; bullet immigration and residency for partners from other countries; bullet inheritance automatically in the absence of a will; bullet
joint leases with automatic renewal rights in the event one partner dies or leaves the house or apartment; bullet inheritance of jointly - owned real and personal property through the right of survivorship (which avoids the time and expense and taxes in probate); bullet benefits such as annuities, pension plans, Social Security, and Medicare; bullet spousal exemptions to property tax increases upon the death of one partner who is a co-owner of the home; bullet veterans» discounts on medical care, education, and home loans;
joint filing of tax returns; bullet
joint filing of customs claims when traveling; bullet wrongful death benefits for a surviving partner and children; bullet bereavement or sick leave to care for a partner or child; bullet
decision - making power with respect to whether a deceased partner will be cremated or not and where to bury him or her; bullet crime victims» recovery benefits; bullet loss of consortium tort benefits; bullet domestic violence protection
orders; bullet judicial protections and evidentiary immunity; bullet and more...
If one parent in a
joint legal custody arrangement takes
decision - making powers away from the other parent (perhaps by making unilateral
decisions about a child's education), the other parent can go back to court to get a judge to enforce the
joint legal custody
order.
An
order for
joint custody may specify one home as the primary residence of the child and designate one parent to have sole power to make
decisions regarding specific matters while both parents retain equal rights and responsibilities for other matters.
The head of the
Joint Chiefs of Staff, responsible for carrying out
orders to kill suspects on the list, no longer contributes to the
decision of whether or not to kill them.
The north of England deferred only two academy
order decisions, but one of these was a
joint application from six Catholic primary schools applying to form the South Cumbria Catholic MAT.
OTTAWA — August 11, 2017 — The Canadian Federation of Humane Societies (CFHS) congratulates Transport Canada and the Department of Fisheries and Oceans on its
joint decision to impose a mandatory slowdown
order on large ships in the Gulf of St. Lawrence to protect the critically endangered North Atlantic right whale from fatal ship strikes.
The group sued Cooper Union's administration and in 2015 announced in a
joint statement with the school the
decision of Cooper Union to return, in short
order, to a tuition - free policy.
Form FL - 1 — Statement of Claim for Divorce Form FL - 2 — Statement of Claim for Division of Matrimonial Property Form FL - 3 — Statement of Claim for Divorce and Division of Matrimonial Property Form FL - 4 — Statement of Defence Form FL - 5 — Counterclaim for Divorce Form FL - 6 — Counterclaim for Division of Matrimonial Property Form FL - 7 — Counterclaim for Divorce and Division of Matrimonial Property Form FL - 8 —
Joint Statement of Claim for Divorce Form FL - 10 — FLA Claim Form FL - 11 — Response — Family Law Act Form FL - 12 — Certificate of Lawyer Form FL - 13 — Protection
Order Questionnaire Form FL - 14 — Restraining
Order Application Form FL - 15 — Notice to Produce an Affidavit of Records Form FL - 16 — Notice to Reply to Written Interrogatories Application Form FL - 17 — Notice to Disclose — Application Form FL - 18 — Family Application Form FL - 19 — Provisional
Order Information Form FL - 20 — Notice of Confirmation Hearing Form FL - 21 — Request for Divorce (Without Oral Evidence) Form FL - 22 —
Joint Request for Divorce (Without Oral Evidence) Form FL - 23 — Affidavit of Applicant Form FL - 24 — Affidavit of Applicants (
Joint) Form FL - 25 — Divorce Judgment (without oral evidence) Form FL - 26 — DJ and Corollary Relief
Order Form FL - 27 — Corollary Relief
Order Form FL - 28 — Variation
Order Form FL - 29 — Exclusive Possession
Order Form FL - 30 — Restraining
Order Without Notice Form FL - 31 — Restraining
Order Form FL - 33 — Notice of Appeal — Provincial Court
Order (Family Law Act) Form FL - 34 — Adult's Statement — Guardianship of Child Form FL - 35 — Child's Statement — Guardianship of Child Form FL - 36 — Statement — Terminate Guardianship Form FL - 37 — Statement — Review of Guardian's Significant
Decision Form FL - 38 — Statement — Court Direction Form FL - 39 — Statement — Parenting Form FL - 40 — Statement — Parenting (Sole Guardian) Form FL - 45 — Statement — Child Support Form FL - 46 — Recipient's Statement — Vary Child Support Form FL - 47 — Payor's Statement — Vary Child Support Form FL - 48 — Statement — Spousal Partner Support Form FL - 49 — Recipient's Statement — Vary Spousal Partner Support Form FL - 50 — Payor's Statement — Vary Spousal Partner Support Form FL - 51 — Statement — Enforcement of Time With a Child Summary of Child Support Guideline Undue Hardship Claim
One that irks me, as often as not, is the continued refusal of some judges in this province to understand that statute, common law, and principle, in cases where a defendant's liability is proportional (several, only) not solidary (i.e.
joint), requires them, in
order to get make the correct
decision — the correct
decision is important, right?
The temporary
joint legal
decision - making
order situation made it clear a permanent co-parenting arrangement was not in the children's best interests.
This can manifest itself in unexpected change
orders, requests for additional funds for operational support, expansion of scope or other increased costs arising out of the
joint decision of the parties.
In 2012 our legislature enacted S.C. Code § 63-15-230 (C), which reads, «If custody is contested or if either parent seeks an award of
joint custody, the court shall consider all custody options, including, but not limited to,
joint custody, and, in its final
order, the court shall state its determination as to custody and shall state its reasoning for that
decision.»
If the court
orders joint legal custody, both parents will also have the right to make
decisions about the child's school, religious upbringing, and extracurricular activities.
The court may
order joint custody — both parents share custody — or sole custody to one parent, and must decide
joint or sole custody as to both legal custody (the right to make
decisions about a child's welfare) and physical custody (the right to have a child live with you).
The RTT - ELC grant brought together teams from the Children Youth & Families Department, the Public Education Department and the Department of a Health around
joint planning and
decision in
order to align the various Early Learning programs.
Courts often
order that the parents share legal custody of their toddler, called
joint legal custody, meaning that both parents have the legal ability to make these important
decisions.
Joint legal custody is usually
ordered by the court to give parents equal say regarding important
decisions made on behalf of the children.
The two primary types of legal custody, which is determined either by agreement between parents or by
order of a judge, are
joint legal custody, which is an arrangement where both parents share the rights to make the major
decisions for their child, and sole legal custody, which is when one parent can make these
decisions without input from the other parent.
New Hampshire Statute 461 - A: 5 instructs state judges that «except as provided in Paragraph III [which «refers to abuse and neglect where the
decisions of such a parent are clearly not in the best interest of the child»], in the making of any
order relative to
decision - making responsibility, there shall be a presumption, affecting the burden of proof, that
joint decision - making responsibility is in the best interest of minor children.»
Kansas courts prefer to
order joint legal custody whenever possible, so divorced parents usually have equal rights to make major
decisions regarding their children.
Courts generally prefer that parents share
decision - making when at all possible,
ordering joint legal custody.
Joint legal custody is a court
order that ensures each parent has an equal right in making
decisions regarding routine medical issues, education, and any other area that affects the welfare of the child.
Without a custody
order in place, the parents have
joint custody, meaning either parent may make
decisions for the child or provide a home for the child.
When there is more than one adult in a family, those who have primary responsibility for raising the children need to make
joint decisions about the children and face and resolve any differences they have in
order to do so.
When the relationship between a couple keeps parents from resolving differences respectfully in
order to make
joint decisions impacting their children's lives, children are hurt.
Once a court issues an
order for
joint legal and physical custody, both parents must make legal custody
decisions together and adhere to the physical custody arrangements.
A proposed
joint physical care parenting plan 20 shall address how the parents will make
decisions affecting the child, how the parents will 21 provide a home for the child, how the child's time will be divided between the parents and 22 how each parent will facilitate the child's time with the other parent, arrangements in 23 addition to court
ordered child support for the child's expenses, how the parents will resolve 24 major changes or disagreements affecting the child including changes that arise due to the 25 child's age and developmental needs, and any other issues the court may require.
Arizona courts have interpreted
joint legal
decision - making and equal 50 - 50 parenting time as their default
orders based on recent law and precedent.
As equal parenting time and
joint legal
decision making are almost a given (aside from certain specific activities that rebut the presumption), parents can work from that place in
order to personalize and custom tailor their specific agreements to fit their schedules, and their children's needs.
Even after explosive divorce litigation in Arizona, judge -
ordered outcomes of
joint legal
decision - making and equal parenting time are still most common.
While a number of researchers purport to have found relitigation rates lower following mediated
decisions, or (primarily in early studies) in
joint custody arrangements, not one of these studies appears to have corrected for (in the first case) the reality that negotiated agreements are not as legally amenable to modification as court
orders, or (in both cases) that couples who achieved accord in mediation, as well as those who voluntarily chose early
joint custody arrangements were already relatively more amicable couples.
(2) No
joint custody
order will be entered unless the court designates the parent who will make the
decisions that require immediate attention concerning the health, safety, and welfare of the child.
In the inane insistence that «both» parents «participate» in making
decisions regarding the child, in
order to avoid stalemate, parenting coordination is the tool for unworkable custody and timeshare arrangements, notably
joint custody, which removes from BOTH parents the right to function with authority and automony.
This
decision contains sage words of wisdom with respect to how to assess credibility of witnesses, how we should approach the «best interests of the child» test, what is the real significance of «primary care parent», what sort of evidence one should present to the court re «best interests», the effect of domestic violence allegations, abuse allegations, what does «shared parenting» mean, what does «
joint custody» mean and when should it be
ordered, and the importance of past conflict.