Sentences with phrase «rebuttable legal presumption»
A rebuttable legal presumption of shared parenting responsibility is empirically supported
https://www.psychologytoday.com/ Not exact matches
Alaska law also creates a «rebuttable presumption» (a legal assumption that has to be overcome with credible evidence to the contrary) that if an abusive parent has a history of committing domestic violence against the other parent, a child, or even a domestic living partner, the abusive parent must not be awarded sole legal custody, sole physical custody, joint legal custody, or joint physical custody.
The rebuttable presumption means that unless the abusive parent proves otherwise, the court will find that it's in the best interests of the child for the perpetrator parent not to have sole custody, joint legal custody, or joint physical custody of any kind.
There is a rebuttable presumption that continuing the current allocation of decision making under a legal custody order or continuing the child's physical placement with the parent with whom the child resides for the greater period of time is in the best interest of the child.
PRESUMPTION - a legal fiction that is used in certain cases, one which is rebuttable or refutable only by clear and convincing evidence that it is false.
There is a rebuttable presumption that continuing the current allocation of decision making under an existing legal custody order or continuing the child's physical placement with the parent with whom the child resides for the greater period of time is in the best interest of the child.
In the USA, 36 States now explicitly authorize Joint Custody (i.e. some variant of joint legal and residential custody) with 14 having a presumption in favour of variably defined Joint Custody, and six having the equivalent of a rebuttable presumption of substantive shared parenting.
If one wants to say that rebuttable presumption is too onerous, then really one is almost arguing for the revocation of the basic legal doctrine that one is presumably innocent unless proven otherwise.
A probate and family court's finding, by a preponderance of the evidence, that a pattern or serious incident of abuse has occurred shall create a rebuttable presumption that it is not in the best interests of the child to be placed in sole custody, shared legal custody or shared physical custody with the abusive parent.
The decision to grant QM loans the strongest legal presumption available, a legal safe harbor, rather than a rebuttable presumption, was widely opposed by consumer advocates.