Sentences with phrase «state awards custody»

While child custody and visitation is dictated by state law, every state awards custody and visitation based on the best interests of the child standard.

While child custody and visitation is dictated by state law, every state awards custody and visitation based on the...

Not exact matches

He awarded temporary custody to the maternal great - aunt, who had previously stated her willingness to obey the doctors.

Washington state custody laws also allow the courts to consider awarding joint physical custody.

In some states, an award of joint physical custody is possible when a child will be staying with both the mother and the father for significant periods of time.

Keep in mind; most states prefer awarding joint legal custody based on the best interests of the child.

Many states regularly award joint legal custody after a divorce.

Keep in mind; most states prefer awarding joint or shared custody based on the best interests of the child.

In determining who should be awarded custody, the court may want to consider which party has paid attention to the animal's basic daily needs (food, shelter, physical care, exercise, grooming, flea control); who takes the animal to the veterinarian; who provides for social interactions (in the case of dogs) with other dogs and / or with people; who maintains appropriate supervision to assure that state and local regulations are complied with (licensing, not allowing the dog to run free and protecting against circumstances that would endanger her life or health); and who has the greatest ability to financially support the animal.

In 2012, Ms. Simon received the Denise O'Donnell Day Award from the Idaho State Bar for her pro bono representation of a single father who ultimately obtained a paternity order and award of primary custody of his child, over the mother's assertions that he was not the biological faAward from the Idaho State Bar for her pro bono representation of a single father who ultimately obtained a paternity order and award of primary custody of his child, over the mother's assertions that he was not the biological faaward of primary custody of his child, over the mother's assertions that he was not the biological father.

Bindmans scooped two awards — Charlotte Haworth Hird won the Inquests / Actions Against State award for her work on a judicial review which led to an inquiry into deaths of 18 - 24 year olds in custody; Mike Schwarz won Criminal Defence Lawyer for his work exposing misconduct by undercover police officers.

The father alleges the court abused its discretion in awarding sole custody to the children's mother stating that the court failed to make detailed findings of fact.

The court stated that while there also exists no prohibition to the parties settling the issues of custody and child support by arbitration, the provisions of an award for custody or child support will always be reviewable and modifiable by the courts.

In Troxel v. Granville, 530 U.S. 57 (2000), the U.S. Supreme Court struck down a Washington state statute allowing the court to award grandparent visitation based only upon the best interests of the child, finding that such a broad standard violates the liberty interest of the parents in having custody of their children.

Regardless of whether a state has adopted the UCCJEA or retains the UCCJA, both the UCCJEA and the UCCJA are intended, among other things, to avoid jurisdictional competition and conflict with courts of other states in matters of child custody, to discourage continuing controversies over custody, and to deter abductions and other unilateral removals of children undertaken to obtain custody awards.

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.»

In Queens, as in the rest of the state, there are two broad categories of custody that can be awarded by the judge overseeing your case.

However, regardless of the opinion of a counselor or the court, state law prohibits the court from awarding any custody rights to a parent that has been convicted of first degree murder of the other parent, unless the child is of suitable age to consent, and an infant would most likely not be considered old enough to consent.

As with the initial award for custody, the court must consider the state's custody factors and determine the child's best interests.

In Florida, the state legislature adopted the concept of «time sharing» to replace the former regime of awarding primary and secondary custody.

If you're divorcing in this state, the court neither awards nor denies custody based solely on the fact that you're the father.

This could be as simple as asking the court to award temporary custody to one parent and visitation to the other until the divorce is final or as serious as an emergency filing to prevent your spouse from leaving the state with your children.

More than 30 states now have statutes specifically authorizing joint custody awards, and most states now hold that a court's authority to award joint custody does not depend upon the parties that request it.

Like other states, South Carolina recognizes both legal and physical custody, and South Carolina courts can award either type as sole custody or joint custody.

The state leans toward awarding joint custody, meaning that both parents have an equal say in major decisions.

Even in states without breastfeeding laws, a judge can consider breastfeeding when making a custody determination since custody is to be awarded according to the best interests of the child.

When parents receive custody as part of a divorce, a parent wishing to move out of state with a child — or 150 miles away within Wisconsin — must give written notice to the other parent at least 60 days prior to the move if the other parent has been awarded any periods of placement, or visitation time.

An example of an error in law would be if state law requires a parent convicted of domestic violence to complete counseling before the award of any custody rights, but a judge nonetheless grants that parent custody without proof of counseling and in direct violation of the law.

Many states and courts use a standard visitation order, sometimes called a standard possession order, when a judge awards shared physical custody.

Regardless of each state's position for or against a presumption or preference in favor of joint custody and whether or not it has been specifically authorized, overall there appears to be a growing trend in favor of joint custody and more and more bills are being introduced to adopt a presumption that joint custody is in the best interest of the child unless certain circumstances apply (such as convincing evidence that a parent is unfit or that it would not be in the best interest of the child to award joint custody).

This term translates to one parent having sole legal custody, which the state prefers not to award.

The Kansas court determines the initial custody award pursuant to the custody factors established by state law, and one parent's cohabitation may affect the court's decision.

In Kentucky, state courts often award legal custody to both parents.

South Carolina is one of at least 17 states across the nation currently considering shared parenting legislation that would work toward ending the status quo family court practice of awarding sole custody to one parent while deeming the other parent a «visitor.»

Specifically, the bill proposes revamping the state's child custody law with language stating courts must consider awarding each parent equal parenting time and equal decision - making authority unless abuse or neglect is an issue.

In some states, the presumption is against the award of sole or joint custody to perpetrators of domestic violence.

More than 30 states now have statutes specifically authorizing joint custody awards, and most states now hold that the courts authority to award joint custody does not depend upon whether the parties request it.

This past spring, nearly 20 states considered bills that encourage family courts to move away from the tradition of awarding sole custody, usually to the mother, when parents divorce or separate, and instead more equally award parenting time.

Courts may award third - party custody when the parents are unable to fulfill their roles due to reasons including substance abuse, incarceration, incapacity, absence from the state or country, deployment or death.

Historically, courts used to give physical custody of young children to mothers automatically, sometimes because state laws required such awards.

All states have laws requiring their courts to consider the best interests of the child as the primary factor when awarding custody.

If you are awarded sole custody, the court retains the power to restrict your ability to leave Virginia and relocate to another state, especially if the other parent objects and convinces the court it would interfere with his parenting time, or visitation.

Depending on the laws of the state, the court may award sole custody, joint custody, or primary physical custody.

In such cases, custody can be awarded to a grandparent or other relative, a foster parent, a state agency, or other organization or institution.

Regardless of whether the law in your state authorizes joint custody of a pet or not, fighting to become the sole owner of your pet will require you to persuade the judge that s / he should award the pet to you.

State laws and statutes govern how the court awards custody...

While a handful of states retain an explicit preference for awarding primary custody to the mother, the state of Washington has adopted a gender - neutral standard.

In the subsequent section, the Manual discusses the various ways in which states have adopted the view that the «friendly parent» should often be awarded custody.

6 7 SECTION 2: In any domestic relations proceeding, the states shall award joint physical 8 care to both joint custodial parents upon the request of either parent during the proceedings 9 on the initial dissolution petition or during the proceedings on a modification of the original 10 custody order.

In the State of Maryland, joint or sole custody may be awarded to either or both parents, based on the best interests of the child.