Sentences with phrase «upon child custody»

See the research and articles at http://www.thelizlibrary.org/liz/) So, given that there are just not all that many options to choose from in deciding upon a child custody arrangement, and given that those options overwhelmingly will be constrained or even dictated by fairly obvious facts about the parties» circumstances such as work and school schedules, or how far apart they live from each other, and similar considerations, one really has to query what all the painstaking attention to detail and «science» (or pretext to science) is all about if, when all is said and done, the decision will boil down to the application of a default personal preference, and pragmatic ways of arranging custody and visitation schedules to accomplish this while avoiding liability for placing children into situations in which detriment too obviously or easily can be proved to be the direct result of the arrangement.

Ultimately, the court will make a decision, if the parents can not agree upon child custody arrangements, which are in the best interests of the children.

Not exact matches

Among them are the rights to: bullet joint parenting; bullet joint adoption; bullet joint foster care, custody, and visitation (including non-biological parents); bullet status as next - of - kin for hospital visits and medical decisions where one partner is too ill to be competent; bullet joint insurance policies for home, auto and health; bullet dissolution and divorce protections such as community property and child support; bullet immigration and residency for partners from other countries; bullet inheritance automatically in the absence of a will; bullet joint leases with automatic renewal rights in the event one partner dies or leaves the house or apartment; bullet inheritance of jointly - owned real and personal property through the right of survivorship (which avoids the time and expense and taxes in probate); bullet benefits such as annuities, pension plans, Social Security, and Medicare; bullet spousal exemptions to property tax increases upon the death of one partner who is a co-owner of the home; bullet veterans» discounts on medical care, education, and home loans; joint filing of tax returns; bullet joint filing of customs claims when traveling; bullet wrongful death benefits for a surviving partner and children; bullet bereavement or sick leave to care for a partner or child; bullet decision - making power with respect to whether a deceased partner will be cremated or not and where to bury him or her; bullet crime victims» recovery benefits; bullet loss of consortium tort benefits; bullet domestic violence protection orders; bullet judicial protections and evidentiary immunity; bullet and more...

Yet it is precisely the privilege of Dillard's background that she knew would clip her wings and force another life upon her: the country club and its obsessive cultivation of a suntan; years of dancing school and white cotton gloves; the fate of young ladies to take custody of unquestioned codes, to be «vigilantes of the trivial,» to accept their destiny («to marry Holden Caulfield's roommate, and buy a house in Point Breeze, and send our children to dancing school»)

Or: I love men but I believe they should not be allowed custody of their children upon divorce, ever.

Upon divorce, a court in Alaska will grant custody of the children of the marriage to either parent, considering the following factors:

Family courts in New Jersey can order a custody arrangement agreed upon by both parents unless it is determined that the requested custody arrangement does not serve the child's best interests.

Instead, the Court will make custody decisions based upon what is considered to be in the best interests of the children.

To make this determination, the Court exercises certain deliberations to award custody, generally based upon those factors considered to be in the best interest and welfare of the child (ren).

We must also determine the significance of recent legislation, relied upon by trial court, which permits joint custody of children in dissolution cases.

Legal precedent and conflicting philosophies regarding joint custody notwithstanding, the ultimate determination still rests upon the best interests of the child.

Divorcing parents» rights with respect to their children will vary depending on the type of custody that is agreed upon or ordered by the court.

The court may award either joint or sole custody in a case, based upon the best interest of the child, and may also award visitation rights to a party.

When child custody jurisdiction is based solely upon the child's residence, and not upon the defendant's residence, does the family court have jurisdiction to require the defendant to pay any costs (such as guardian fees)?

When child custody jurisdiction is based solely upon the child's residence, and not upon the defendant's residence, does the family court have jurisdiction to make the defendant pay the plaintiff's attorneys fees?

No matter which area we represent you or your family, whether it is marriage or divorce, child custody or support, our experienced attorney realizes that circumstances change, and that the initially agreed upon case may need to be modified in the future.

Both pieces of legislation dictate that the determination of custody and access of the children following a separation or divorce will be based upon the best interests of the child in the circumstances.

Our founding fathers» rights lawyer, Mark Werner, will personally handle your case based upon his over 15 years experience and help you understand your rights and your options for pursuing a custody arrangement that protects your child's best interests.

Such interim orders contained provisions stating that the plaintiff and the defendant shall have interim joint custody and guardianship, that the primary address of the children shall be the defendant's address, that for the purpose of access arrangements the plaintiff shall promptly inform the defendant of her monthly work schedule, and the defendant shall make efforts to ensure the children spend equal time with both the plaintiff and the defendant and, upon receipt of such work schedule, draw a calendar setting out parenting time for each parent for the coming month, and that the plaintiff shall be allowed to travel to Japan with the children from November 2, 2002 through November 18, 2002.

The type of custody arrangement a couple agrees upon or is decided by the court can drastically affect how parents care for their children in the future.

Courts base child custody and child support decisions upon what is in the best interests of the children.

To effectively determine how parental responsibilities will be shared, your and your former spouse or the parent of your child may wish to agree upon legal custody or decision making, including medical decisions, education decisions, and religious decisions; physical custody including the child's primary residence, secondary residence, weekend and holiday residences, and summer vacation.

There are many situations under which agreed upon or mandated Child Custody Arrangements might change.

It's important to note that no - fault divorces are not necessarily uncontested, as uncontested divorce means that both spouses have agreed upon issues such as alimony and child custody.

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.

Alabama law provides: «Upon granting a divorce, the court may give the custody and education of the children of the marriage to either father or mother, as may seem right and proper.»

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.

We strive to help parents agree upon a custody / visitation schedule that works best for their situation, with a primary focus on preserving valuable parent - child relationships.

Our principal lawyer, John D. Smith, has been practicing law since 1980; he draws upon his extensive experience with child custody and other family law matters to help clients keep the focus where it belongs — on the children.

But what they all share in common is a knowledge of and profound interest in the same legal subject area — pharmaceutical class actions, say, or business process patents, or asset securitization, or child custody proceedings in Oregon, or small - claims court cases in Nova Scotia, or wealth management in New South Wales, or any of the law's thousands upon thousands of sub-specialties.

When the Superior Court has jurisdiction over the custody and maintenance of the minor children of parents divorced, separated or living separate, and such children are natives of this State, or have resided five years within its limits, they shall not be removed out of its jurisdiction against their own consent, if of suitable age to signify the same, nor while under that age without the consent of both parents, unless the court, upon cause shown, shall otherwise order.

Modification of custody based upon custodial parent's relocation is determined under the general modification statute; substantial change in circumstances must be shown and that modification will serve the best interests of the child.

Whether move out of state by parent with joint legal custody and primary physical custody would be sufficient to satisfy standard of proof required for modification of child custody orders depends upon facts.

But the law was quickly rejected because lawyers argued that each child custody or parenting case is unique and should be decided upon its own facts.

A parent entitled to the custody of a child may not change the residence of the child to another state except upon order of the court or with the consent of the noncustodial parent, if the noncustodial parent has been given visitation rights by the decree.

A minor child of divorced parents who is a native of or has resided five years within this commonwealth and over whose custody and maintenance a probate court has jurisdiction shall not, if of suitable age to signify his consent, be removed out of this commonwealth without such consent, or, if under that age, without the consent of both parents, unless the court upon cause shown otherwise orders.

But the shared custody arrangement will reduce the impact of ongoing child care upon the recipient's employment prospects, such that progress towards self - sufficiency should occur more quickly.

Child support payments differ from case to case and depend upon a variety of factors, including the custody arrangements to which both parents have agreed.

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.

With regard to Mr. Katz's estate planning and family law practice, he has an established history of representing the LGBT community in the preparation of estate planning documents and the litigation of family disputes ranging from child custody / parenting time issues, child support and property disputes upon dissolution of the partners» relationship.

Custody and access are parenting issues that arise when the parents can't agree upon the best interests of the child.

Upon consent of both parties, parents may submit to the court a parenting plan to determine physical and legal custody of the child.

When determining the scope of a child's participation in custody proceedings, the court should find a balance between protecting the child, the statutory duty to consider the wishes of the child, and the probative value of the child's input while ensuring to all parties their due process rights to challenge evidence relied upon by the court in making custody decisions.

The issue of child support upon separation is also related to that of child custody.

More than that, sole or primary custody for the father of a child is also a fully achievable goal that is frequently looked upon favorably by courts when the father demonstrates that he is in fact the better choice to offer care and primary guidance for the child or children.

Upon separation, one of the parties is successful in their claim for custody of the child.

Section 41 of the Children's Law Reform Act provides that upon application by any person in whose favour an Order for the custody of or access to a child has been made by an extra-provincial tribunal, a court shall recognize the order unless the case meets a particular exception.

The board of the California chapter declared, «there is a clear and present danger to the public health of the children of this State based on our society's failure to adequately address the impact of child custody proceedings upon children as a chronic, system - wide, statewide, public health crisis which impacts the previous, current and future generations of California's most precious resource — its children.»

No issue in divorce weighs more heavily upon both moms and dads than child custody.

The board of the California chapter declared, «There is a clear and present danger to the public health of the children of this State based on our society's failure to adequately address the impact of child custody proceedings upon children as a chronic, system - wide, statewide, public health crisis which impacts the previous, current and future generations of California's most precious resource — its children.»