Not exact matches
Another important factor to the court in establishing most
custody arrangements is which parent will be the most likely to see to it that the non-custodial parent remains a strong
part of the
child or
children's lives.
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.
Further, as respecting possible modification, because
of past issues
of the defendant failing to comply with orders
of the court; providing token compliance with orders
of the court while ignoring the spirit and intent
of the orders (including the orders dated December 1, 2010); the defendant's lengthy pattern
of contemptuous conduct; the expenses and financial waste caused by the defendant; the substantial financial drain on the resources
of the plaintiff and the guardian ad litem caused by the defendant; the pattern
of parental alienation; prior false reports
of abuse and / or neglect to governmental entities; and the need for repose on the
part of the minor
child, it is anticipated that in addition to satisfaction
of the foregoing conditions, no modification motion is permitted to be filed by defendant regarding the sole physical and / or sole legal
custody arrangements, except in the case
of the plaintiff's total and permanent disability as determined by the Social Security Administration, unless the following conditions are satisfied...» Eisenlohr v. Eisenlohr, 2011 WL 1566201 at * 4 (Conn.Super.).
As
part of their parenting plan, parents will lay out details such as a
custody schedule and method for the
child to travel between homes, a legal
custody arrangement, and a plan for how future disagreements will be resolved.
Also called «shared
custody,» «shared parenting,» or «dual residence
custody» this physical
custody arrangement involves having the
children live with one parent for
part of the week (or
part of the year), and live with the other parent during the remaining time.
Shared physical
custody means a
child lives
part of the time with each parent, having more frequent and substantial contact with each parent than under a sole
custody arrangement, in which one parent has primary physical
custody and the other has occasional visitation.
Contemplating and providing for such
arrangements as
part of a parenting plan or, in the absence
of such a plan, at the time that a joint
custody order is entered can avoid confusion, hostilities, and reduced financial capacity to meet
child rearing obligations later on.
When parents decide to end their marriage, they often disagree about
custody arrangements for their
children, and battles over who will retain primary
custody can be an especially contentious
part of divorce proceedings.
In making an equitable apportionment
of marital property, the family court must give weight in such proportion as it finds appropriate to all
of the following factors: (1) the duration
of the marriage along with the ages
of the parties at the time
of the marriage and at the time
of the divorce; (2) marital misconduct or fault
of either or both parties, if the misconduct affects or has affected the economic circumstances
of the parties or contributed to the breakup
of the marriage; (3) the value
of the marital property and the contribution
of each spouse to the acquisition, preservation, depreciation, or appreciation in value
of the marital property, including the contribution
of the spouse as homemaker; (4) the income
of each spouse, the earning potential
of each spouse, and the opportunity for future acquisition
of capital assets; (5) the health, both physical and emotional,
of each spouse; (6) either spouse's need for additional training or education in order to achieve that spouse's income potential; (7) the non marital property
of each spouse; (8) the existence or nonexistence
of vested retirement benefits for each or either spouse; (9) whether separate maintenance or alimony has been awarded; (10) the desirability
of awarding the family home as
part of equitable distribution or the right to live therein for reasonable periods to the spouse having
custody of any
children; (11) the tax consequences to each or either party as a result
of equitable apportionment; (12) the existence and extent
of any prior support obligations; (13) liens and any other encumbrances upon the marital property and any other existing debts; (14)
child custody arrangements and obligations at the time
of the entry
of the order; and (15) such other relevant factors as the trial court shall expressly enumerate in its order.
Agreeing on
child custody and parenting
arrangements is often the most difficult
part of a divorce or separation.
Agreeing on
child custody and parenting
arrangements is often the most difficult
parts of a divorce or separation.