In a child custody battle, a judge will ask several questions to determine
which child custody arrangement, sole or joint custody, will work best for the children involved.
Not exact matches
Shared parenting is simply a collaborative
arrangement in
which both parents share
custody of their
children.
The West Virginia courts prefer a joint
custody arrangement which allows the
child access to both parents.
Overview of joint
custody, a relatively common
arrangement for divorced or unmarried parents in
which the
child splits his or her time between the two parents» living quarters.
These
custody arrangements are rare, and are usually limited to situations in
which one parent has been deemed unfit or incapable of having any form of responsibility over a
child — for example, due to drug addiction or evidence of
child abuse.
The judge will ask a parent several questions during a
child custody hearing to determine
which custody arrangement serves the
child's best interest.
Iowa law requires that the court must consider the best interest of the
child and order a
custody arrangement that will give the
child the chance for maximum continuing physical and emotional contact with both parents after the parents have separated and dissolved the marriage, and
which will encourage parents to share the rights and responsibilities of raising the
child unless physical harm or significant emotional harm to the
child, other
children, or a parent is likely to occur.
In the past, true «joint physical
custody»
arrangements were more common, in
which the
child lived with each parent roughly half the time.
Providing your
children with a stable, consistent environment in
which to grow and learn is the goal of our work in creating the
custody arrangement.
Divorce is an emotional experience
which jeopardizes your financial future and likely involves serious issues, including
child custody arrangements and evaluating the worth of your family business.
Kansas judges deciding
custody cases must determine «legal
custody,»
which refers to the responsibility to make educational, medical and other major decisions for a
child, and «physical
custody,» meaning the
child's living and visitation
arrangement with the parents.
Physical
custody,
which means where
children reside, may be an equal and shared physical
custody arrangement where a
child's time is evenly split between two homes, or an
arrangement where the
child resides with the primary custodial parent and the visitation schedule allows for parenting time with the non-custodial parent.
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.
There are many situations under
which agreed upon or mandated
Child Custody Arrangements might change.
a. Those who are the subject of international parental disputes over
custody or contact; b. Those who are the subject of international abduction (including in those states
which are not able to join the 1980 Hague
Child Abduction Convention); c. Those who are placed abroad in alternative care
arrangements which do not come within the definition of adoption and are therefore outside the scope of the 1993 Hague Inter-country Adoption Convention; d. Those who are the subject of cross-border trafficking and other forms of exploitation, including sexual abuse; e. Those who are refugees or unaccompanied minors.
Virginia has adopted the best interests of the
child standard, in
which a judge examines how a proposed
custody arrangement will affect a
child's well - being.
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.
The purpose of a
child custody arrangement is to determine
which rights each parent will have with respect to their
children.
This
custody arrangement has now continued from the time of the hearing (May 2015) until present,
which is an additional twenty - nine months, amounting to a total of forty - three months or about three and a half years — close to half of
Child's life.
[13] He considered (1) the existing shared parenting
arrangement and the relationship between the
children and Ms. G; (2) the existing shared parenting
arrangement and the relationship between the
children and Mr. S; (3) the desirability of maximizing contact between the
children and both parents; (4) the views of the
children,
which had not been canvassed; (5) Ms. G's reason for moving; (6) the disruption to the
children of a change in
custody; (7) the disruption to the
children consequent on removal from family, schools, and community; and (8) various other factors, such as Mr. S's economic stability, the importance of the paternal grandparents, the location of the proposed residence at Moyie Lake on a leased lot at an RV park, the girls» relationship with Mr. G and his
children, and Ms. G's inflexibility.
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.
includ [e] the benefit of meaningful relationship with both parents, ascertainable views of the
child, needs of the
child, history of upbringing and care, religious, spiritual and linguistic needs, harm suffered or
which the
child is at risk of suffering,
custody arrangements, capacity of applicants etc. [as well as considering] any family / domestic violence and its impact
Another important factor to the court in establishing most
custody arrangements is
which parent will be the most likely to see to it that the non-custodial parent remains a strong part of the
child or
children's lives.
Divorce mediation in
which mediation for
child custody is a topic provides an excellent setting where an open, productive, and facilitated discussion as to the best living
arrangements for the
children after the divorce can take place.
The two primary types of legal
custody,
which is determined either by agreement between parents or by order of a judge, are joint legal
custody,
which is an
arrangement where both parents share the rights to make the major decisions for their
child, and sole legal
custody,
which is when one parent can make these decisions without input from the other parent.
Sole legal
custody is an
arrangement in
which one parent has sole authority to make decisions about the
child, even though the parents may still share joint physical
custody.
When parents can not agree, the court will decide
which custody arrangement is in the best interests of the
child.
Similarly, many
custody arrangements contain paramour restrictions,
which prevent both parents from having lovers in the house overnight when the
children are visiting.
The first is a sole
custody arrangement in
which the
child lives with the parent who has the responsibility for providing daily childcare and making decisions about the
child's religion, schooling, and medical care.
With a joint
custody arrangement, parents share legal
custody,
which means that both parents have the right to make decisions regarding the
child's upbringing.
Temporary
child support orders are usually accompanied by temporary
custody and visitation orders,
which formalize the
custody and visitation
arrangement.
It applies to the
custody terms of your decree, describing the visitation
arrangement that either you or your spouse will have with your
children, depending on
which of you is the non-custodial parent.
Possessory Conservatorship — In Texas, possessory conservatorship refers to the
child custody arrangement in
which one parent by agreement or by court order is given some rights in a
child's upbringing, when the other parent is designated as sole managing conservator and has the primary responsibility for a
child or
children after a divorce.
Ohio courts generally prefer joint legal
custody arrangements, in
which parents share decision - making authority but one parent provides the
child's primary place of residence.
While the courts» primary guideline in making their
custody arrangement is the best interests of the
child, the courts» priority is determining
which parent is capable of providing what is best for the
child and the practicality of joint
custody.
Sole Managing Conservatorship — In Texas, sole managing conservatorship refers to the
child custody arrangement in
which one parent by agreement or by court order is given the sole rights, duties and privileges concerning a
child or
children after a divorce.
After the petition is filed, the couple may meet to negotiate a settlement agreement,
which will provide how the property will be divided as well as spousal support,
child support and
child custody arrangement.
Shared
custody usually refers to
arrangements in
which the
children spend similar amounts of time with each parent.
Regardless of whether parents make their decisions independently or rely on therapists,
custody evaluators, or judges for recommendations and decisions, statutory, historical, and cultural forces often determine
which care
arrangements are deemed to be in the
children's best interests (Kelly, 1994).
The court will only modify a
custody order upon a demonstration of a material change of circumstances,
which means that the existing custodial
arrangement is no longer in the best interests of the
child, such as when a serious health problem prevents a parent from taking care of a
child.
While this is more of a kidnapping case it can still happen in a joint
custody arrangement in
which the parent leaves the country with the
child.
Child support is based predominantly on the incomes of the parents, the number and ages of the
children, and the amount of time the
children will be spending with each parent based on the parenting plan to
which the parties have agreed (i.e., their consensual
custody arrangement) or the parenting plan ordered by a judge).
Interestingly, Judge Baer noted that in a frequently - ordered
arrangement in
which the non-custodial parent exercised partial
custody every weekend and four weeks during summer vacation, the non-custodial parent would spend 132 days with the
children.
Therefore, before deciding to «fight» for
custody, think long and hard of the many options that can be implemented in your case in establishing a parenting plan that allows your
children to have maximum access to both parents (not necessarily a 50 - 50
arrangement, but rather one that allows both parents to be involved in an ongoing basis with the
children) as such an
arrangement has been shown to be better for the
children's future emotional well - being than one in
which one parent is shut out of the
children's lives (something that is not going to happen even after a
custody trial).
Divorce is a court process in
which a judge dissolves the legal bonds of marriage and sets terms for the divorcing couple, such as
child custody arrangements, property division and alimony.
In simplest of terms, joint physical
custody is an
arrangement in
which both parents share equal rights in terms of time and contact with their
children.
For other cases holding that proposed relocation requests
which would result in the effective termination of a shared physical custodial
arrangement should be treated as a modification of
custody, see, e.g., Lewellyn v. Lewellyn, 351 Ark. 346, 93 S.W. 3d 681 (2002)(both mother and father petitioned for sole
custody of
children after mother's proposed relocation would make parties» shared physical custodial
arrangement unworkable; court found that mother's relocation constituted material change of circumstances warranting award of sole
custody to father, even though such a relocation would not be considered a material change in circumstances in a case that did not involve shared physical
custody), and In re Marriage of Garst, 955 P. 2d 1056 (Colo..
Joint physical
custody is an
arrangement in
which parents each have extended periods of time with the
children.
The key standard for determining
child custody arrangements is the best interests of the
child,
which includes many factors.
Sole
custody is an
arrangement in
which one parent has sole decision - making authority and is the parent with whom the
child lives.