Sentences with phrase «presumption in favor»

1996)(listing impact on Aid to Families with Dependent Children and medical assistanceas factors to consider in determining the best interest of the child and in rebutting the presumption in favor of joint custody).

In the amendment to both sections of the statute, the presumption in favor of joint custody seemingly is withdrawn where there is a showing, by a preponderance of the evidence, that an intrafamily offense, an instance of child abuse or neglect, or an instance of parental kidnapping occurred.

This is particularly true since the presumption in favor of joint custody may preclude sufficient analysis of the impact of psychological abuse, or may preclude sufficient analysis of physical abuse if the abused parent is hesitant to raise the history of abuse or is effectively silenced in the attempt to do so.

«If we are serious about the best interest of the child being the principle that comes first, if that's the primary consideration in awarding custody, then we ought not to have a rebuttable presumption in favor of joint custody.

There is also a strong presumption in favor of maintaining the status quo, so judges frequently try to discern who is the primary caregiver.

Massachusetts treats both parents as equals in preliminary custody proceedings and, when visitation arrangements are established, there is a strong presumption in favor of visitation for the non-custodial parent.

The District of Columbia's joint custody legislation was hotly debated, especially as to the role of a presumption in favor of joint custody.

The reason I have opposed this rebuttable presumption in favor of joint custody is because it does not put the best interest of the child first.

As initially voted on by the Judiciary Committee of the D.C. Council, the bill removed the presumption in favor of joint custody; [FN52] the Committee later voted to reinsert the presumption.

Senate Bill 718, however, adds language to section 61.13 of the Florida Statutes that seems to make a strong presumption in favor of equal time - sharing.

In the state of Alabama, in an effort to foster ongoing contact between parent and child, there is a presumption in favor of joint legal and physical custody.

Importantly, the Court of Appeals ruled that the new Colorado statute had the effect of abolishing the earlier approach of Colorado divorce - child custody - visitation relocation law cases that created a presumption in favor of the parent with whom the child then resided a majority of the time.

Indiana has a strong presumption in favor of joint legal custody.

If signed, the bill would have created a presumption in favor of 50/50 child custody, eliminated permanent alimony, and permitted (in certain circumstances) those who had already been ordered to pay alimony to seek a modification based on the new law.

Because Missouri law has a strong presumption in favor of allowing both parents to continue contact with the child, it is wise to suggest visitation for the other parent if you are seeking full custody.

Legal custody governs who makes decisions regarding the child, and many states have a presumption in favor of joint legal custody.

2004)(holding that Colorado relocation statute as amended no longer contained presumption in favor of custodial parent); Fla..

Many states, such as Pennsylvania and Tennessee, have a presumption in favor of shared legal custody.

In New Jersey, there is a strong presumption in favor of preserving the family unit and ensuring children have ample time with each parent.

There is no presumption in favor of awarding custody to either spouse, and the court has wide discretion to act in the best interests of the children.

In effect, the Burgess decision established a presumption in favor of the custodial parent's choice to relocate.

That motion judge's ruling was reversed by the Appellate Division of the Superior Court of New Jersey (our intermediate appellate court), ruling that giving such a presumption in favor of the custodial parent is improper in cases where the children's surname was chosen by the parties at the birth of each child and especially in cases where the parents share joint legal custody.

PRESUMPTION IN FAVOR OF RELOCATION — In many states, such as Arkansas, the court favors allowing relocation of the custodial parent.

36-6-108 (2004)(where parents are spending substantially equal amounts of time with child, no presumption in favor of either parent arises when one parent seeks to relocate).

In some states, such as Indiana and Pennsylvania, the law specifically states both parents must be considered as potential caregivers for the child, with no presumption in favor of either parent.

(Using such a presumption in favor of the custodial parent shifts the burden to the other parent of proving that the new name chosen by the custodial parent is not in the child's best interest, giving the custodial parent a strong advantage at a name change hearing.)

For other cases recognizing a presumption in favor of the custodial parent's decision to relocate, see, e.g., Rutz v. Rutz, 644 N.W. 2d 489 (Minn..

2002)(recognizing presumption in favor of custodial parent's right to relocate with child); Casey v. Casey, 58 P. 3d 763 (Okla. 2002)(fit custodial parent had statutory right to relocate with her children; husband failed to rebut her right by establishing any risk of harm to the children from the proposed relocation); and In re Marriage of Horner, 151 Wash. 2d 884, 93 P. 3d 124 (2004)(state statute created rebuttable presumption in favor of custodial parent's decision to move).

This means that in any custody dispute between a child's legal parent (whether biological or by adoptive) and a non-parent, such as a grandparent or other relative, there is a strong presumption in favor of the parent.

In the case of a same - sex relationship where the child is the natural or adopted child of only one parent, there will be a strong presumption in favor of that parent getting sole custody of the child.

In these jurisdictions, courts apply a presumption in favor of the custodial parent's right to relocate with a child, with the burden on the noncustodial parent to establish that the move is not in the child's best interests.

Some legislation creates a presumption in favor of joint custody, and while parental disagreement may rebut the presumption, the legislation may then favor awarding sole custody to the «friendly» parent who is willing to share.

There is no presumption in favor of either the mother or father, and the Indiana Family Court Rules recommend children see their noncustodial parent at least every other weekend and one weekday.

The Family Code specifically refrains from establishing a preference or presumption in favor of any arrangement for custody and visitation.

This act contradicts the 2008 amendments to Chapter 61, which explicitly state that there is no presumption in favor of or against any particular parenting plan or time - sharing schedule, and the court is to treat each family as unique and determine the appropriate parenting plan for that family.

If the father and mother are equally competent caregivers, there is a strong presumption in favor of joint custody.

In most states, there is a strong presumption in favor of placing a child with a relative, rather than putting the child in foster care.

The appellate division stirred up controversy when it remanded the case to the trial Court directing it to use the best interest Gubernat factors, «without applying a presumption in favor of mother, the child's primary caretaker.»

Current custody laws have no presumption in favor of any particular schedule, whether 50/50 time - sharing or otherwise.

«Re-examining the Presumption in Favor of Arbitration in Complex Commercial Cases,» Florida Bar Journal (2010)

They know that a presumption in favor of equal parenting would drastically reduce the conflict between separating couples, the same way the Federal Child Support Guidelines have drastically reduced conflict with respect to child support.

If our family laws were amended to include a presumption in favor of equal parenting, it would mean that when a couple separates, the default position would be that both parents would divide parenting time equally between the two of them.

Notably, while Canadians overwhelmingly support a presumption in favor of equal parenting — there is one group of Canadians that actively opposes it: family lawyers.

Many children would not be the subject of parenting disputes if there was a presumption in favor of equal parenting.

There is a presumption in favor of relocation for custodial parents with primary custody of children, with the burden being with the noncustodial parent to rebut the relocation presumption, and thus the custodial parent no longer has the responsibility to prove a real advantage to herself or himself and to the children in relocating.

Second, I believe a strong presumption in favor of free expression should apply whenever an issue of this kind is arguable.

We did not have before us a claim that district judges ought to apply any kind of presumption in favor of a guidelines sentence, nor did we mean to endorse that idea.

The act made it more difficult for grandparents to receive court - imposed visitation by creating a presumption in favor of a parent's decision, enhancing the burden of proof on the grandparent and acknowledging a parent's fundamental right to parent his or her child.

While an Australian court has the power to decide that it is in the best interests of the child that her mother be allowed to relocate with her to the U.S., the statutory presumption in favor of joint parental responsibility could well tip the balance in favor of blocking relocation except in extreme cases.

Judges are required to consider possible joint custody in every case, but there's no presumption in favor of this unless both parents agree.