Sentences with phrase «spouse having custody of the children»

If the military spouse has custody of the child, you should be prepared for the potential for relocation.

Does Article 20 TFEU preclude a third country national from being refused a residence permit because of lack of means of subsistence in a family situation in which his spouse has custody of a child who is a citizen of the Union and the third country national is not the child's parent, does not have custody of the child, and does not live with his spouse or with the child?

In determining the division of marital property, the court is required under 5/503 (d) to consider the desirability of awarding the family home, or the right to live in the home for reasonable periods, to the spouse having custody of the children.

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.

Not exact matches

On many points, decisions of Islamic religious courts have the force of national law (a touchy issue when a dispute involves a Muslim and a non-Muslim, or when one spouse in an existing marriage converts to Islam and makes the other members of the family subject to Shari'a determinations on matters such as child custody).

One of which is a legal presumption against giving custody to any person who has inflicted any violence against either a spouse or a child.

That may not be a bad thing if you have custody of one or more children and lived apart from your spouse during the last six months of the tax year, in which case you can use the advantageous Head of Household filing status.

The formula is modified for spouses with split custody, shared custody or mixed custody; step - parents; spouses with support obligations to a prior spouse or children; spouses with an adult child who receives child support; and situations where the spousal support payor has primary care of the child / children.

Where a spouse exercises a right of access to, or has physical custody of, a child for not less than 40 per cent of the time over the course of a year, the amount of the child support order must be determined by taking into account

It asked, therefore, whether Article 20 TFEU (citizenship) precluded the refusal of a residence permit to a TCN in a situation where his spouse had custody of a Union citizen child, notably in a situation where he was not the biological father, nor a custodian of that child.

When creating a divorce agreement, you and your spouse will have to settle matters regarding child custody, child support, alimony and the division of property.

Although gray divorces usually are spared from child custody conflicts and child support disputes, given that the couple's children should be adults, the end of a marriage this late in life may have a huge impact on the future financial stability of both spouses.

In a novel and lengthy opinion, a New Jersey family court judge has awarded joint custody of a child to three people — the biological father, his same - sex spouse, and the mother.

Uncontested: A type of divorce where both spouses have agreed on terms, such as alimony payments and child custody.

It is very important that you have a lawyer on your side to help you and your spouse come to an agreement on matters of child custody and visitation.

The family attorneys have to face the problem of litigation when the couple or the spouses can not agree upon the alimony money paid like the providing support to the spouse, custody of the children, property distribution.

Additionally, in making a custody order under s. 16 (1), the court shall give effect to the principle that a child of the marriage should have as much contact with each spouse as is consistent with the best interests of the child and, for that purpose, shall take into consideration the willingness of the person for whom custody is sought to facilitate such contact (s. 16 (10)-RRB-.

is unable to be self - supporting through employment or has custody of a child whose condition or circumstances make it appropriate for the spouse not to be required to work outside the home.

Because it is a child's right to have a relationship with both of their parents, a Judge will usually order that the spouse who does not have custody of the children will be able to visit the children.

For example, they determine who will live in the family home, whether the family home be listed for sale, who will have custody of the children, how much child support should be paid, whether spousal support should be paid and if so in what amount, whether a spouse should be restrained from contacting the other spouse or disposing of assets pending trial, how a business should be run pending trial and / or whether there should be interim advances of monies to parties pending trial.

For example a spouse with significant income in a shared custody arrangement of one child has more to gain from this credit than a spouse with little to no taxable income.

A judge might not grant your divorce unless you and your spouse have decided and agreed upon spousal maintenance, child support, child custody, the division of property, and several other issues, as well as following the correct Arizona divorce process.

Family relationships covered by the definition of «family member» in the PAFVA include current and former spouses, adult interdependent partners, others residing (or formerly residing) in intimate relationships, persons who are parents of one or more children, regardless of whether they have ever lived together, persons who reside together where one of them has care and custody over the other under a court order, and generally, those related to each other by blood, marriage, adoption, or adult interdependent relationships, as well as children in the care and custody of the above persons (PAFVA section 1 (1)(d)-RRB-.

If you haven't resolved this portion of your divorce by now, then you and your spouse will engage in discovery to learn more about the other and prepare for a final «trial» on child custody.

S. 9 of the FCSG — if one spouse has the right to access or custody of child for 40 % or more of time over the year, quantum of support based on amount set out in table, increased cost of shared custody arrangement and condition, means, needs and other circumstances of each spouse and of the children;

Some parents try to care for the Child for more than 40 % of the time, based on the belief that they will not have to pay child support to their spouse as a result of entering into a Shared Child Custody arrangeChild for more than 40 % of the time, based on the belief that they will not have to pay child support to their spouse as a result of entering into a Shared Child Custody arrangechild support to their spouse as a result of entering into a Shared Child Custody arrangeChild Custody arrangement.

We would be honoured to help you and to further the law in British Columbia on how to value and divide a spouse's beneficial interest in a discretionary trust just as we helped set the law on child custody and support in the leading cases of Young and Leskun in the Supreme Court of Canada.

If your case is not about custody or access, then you have to start it in the municipality where either you or your spouse (or the other parent of your child) resides.

That parent may have to relinquish custody of the children in order to live with his or her spouse.

This week we provide some technical information on child tax credits that may be of interest to you if you and your spouse have joint custody and shared time.

36 The referring court asks whether the fact that the applicant for a residence permit lives together with his spouse, is not the biological father of the child who is a Union citizen, and does not have custody of the child may affect the interpretation to be given to the provisions on citizenship of the Union.

Prior to becoming a judge, Attorney Colin had an extraordinary amount of trial and mediation experience throughout the state of Connecticut in complex child custody and financial divorce related matters including in many high profile cases involving individuals and their spouses in the entertainment, sports, medical, legal and finance industries.

46 With respect, finally, to the right of residence of a person who is a third country national in the Member State of residence of his minor children, nationals of that Member State, who are dependant on him and of whom he and his spouse have joint custody, the Court has held that the refusal to grant a right of residence would have the consequence that those children, who are citizens of the Union, would have to leave the territory of the Union in order to accompany their parents, and that those citizens of the Union would, in fact, be unable to exercise the substance of the rights conferred by their status (Ruiz Zambrano, paragraphs 43 and 44).

The child has Ghanaian nationality and the spouses have joint custody of the child.

(d) the minor children... of the spouse where the spouse has custody and the children are dependent on him or her.»

(Citizenship of the Union — Article 20 TFEU − Directive 2003 / 86 / EC − Right to family reunification − Union citizens who are minor children living with their mothers, who are third country nationals, in the territory of the Member State of which the children are nationals — Permanent right of residence in that Member State of the mothers who have been granted sole custody of the Union citizens — Change in composition of the families following the mothers» remarriage to third country nationals and the birth of children of those marriages who are also third country nationals — Applications for family reunification in the Member State of origin of the Union citizens — Refusal of the right of residence to the new spouses on the ground of lack of sufficient resources — Right to respect for family life — Taking into consideration of the children's best interests)

S. 16 (10) of the Divorce Act, known as the «friendly parent rule,» states that a «court shall give effect to the principle that a child of the marriage should have as much contact with each spouse as is consistent with the best interests of the child and, for that purpose, shall take into consideration the willingness of the person for whom custody is sought to facilitate such contact.»

However, if the divorce is uncontested, both spouses wish to get divorced, and have been able to come to agreements regarding child custody, division of property, and all financial arrangements.

Barring a successful appeal from the order of child custody and parenting arrangements a spouse seeking to vary an order must show a substantial change in the conditions means and circumstances of the parents or the child has occurred since the last Order which if known at the time of the last order would have led to a different result.

Custody, Guardianship and Access (PDF) If you're thinking about separating from your spouse or have already separated, the continued parenting of your children may be your biggest concern.

-- Enabling parenting coordination by agreement or court order; — Amending the Commercial Arbitration Act to address family arbitrations; — integrating reproductive technologies into determining a child's legal parents; — Replacing the terms «custody» and «access» with «guardianship» and «parenting time»; — Defining «guardianship» through a list of «parental responsibilities» that can be allocated to allow for more customized parenting arrangements; — Extending the legislative property division regime to common - law spouses who have lived together for two years in a marriage - like relationship or who are in marriage - like relationship of some permanence and have children together; — Excluding certain types of property (e.g. pre-relationship property, gifts, and inheritances) from the pool of family property to be divided 50 - 50; and — Providing that debts are subject to equal division.

Cases of shared custody (where the spouses or partners have the children approximately equal time)

The spouse caring for the children who will usually have custody of them could also be requesting life insurance to cover him or her also.

Each individual member state has its own rules about separation, divorce, maintenance of spouses and children, custody and guardianship and other family law matters.

A mediator will work with you and your spouse to generate options, explore ways to communicate positively and make decisions about child custody, division of assets and problematic issues that would otherwise require litigation.

Spouses sometimes need temporary orders regarding child custody, visitation, financial support or use of marital property so that both spouses know what to expect while they have a pendinSpouses sometimes need temporary orders regarding child custody, visitation, financial support or use of marital property so that both spouses know what to expect while they have a pendinspouses know what to expect while they have a pending case.

Some states, such as Maryland, will also consider «abandonment of custody» as a best interests factor, particularly if your marriage has been troubled for some time and you have a history of moving out only to come home again, and if you left your spouse with de facto custody of your children each time.

But, if the other parent objects to you having more time with the children, the court is not likely to grant you full physical custody of your children if you ask for it and your spouse is not willing to give it voluntarily.

If your spouse refuses to let you see your children, a Pennsylvania judge can order him to appear in court — with the children — and place bond, which he would lose if he violates the terms of the temporary custody order again.

It is often necessary for the defendant to file an answer to a divorce complaint if the spouses have not reached an agreement on the division of significant assets or child custody arrangements.