Elijah James is a Harvard Law graduate with expertise in Family Law and Divorce Mediation with regards to Child Cusotdy Laws
TAG | Laws
SRIS Law Group PC Virginia child custody lawyers. Free initial inquiry. Call toll free: 1.888.437.7747. www.srislaw.com
Child custody laws vary according to jurisdiction, but most states and provinces follow a basic set of concepts designed to be fair and equitable and protect the interests of the children.
If you’re a party in a child custody action, understanding child custody laws and their application is important to ensuring a favorable outcome for you and your child. You may have retained counsel in your child custody action, but a basic understanding of the law will make you an informed participant in the proceedings and help you ensure your attorney is acting with due diligence.
The intent of child custody law is to reach a decision in “the best interests of the child.” A child custody decision in “the best interests of the child” demands consideration of the wishes of the parents, the child, as well as the child’s relationship with each parent, their brothers and sisters, and other influential persons. Other factors considered are, the child’s home environment, school, and community, and the parents’ physical and mental well-being.
In child custody law actions, the court determines which parent should have physical and legal custody of the child or children who are the subject of the action.
Physical custody means that a parent has the right to have a child live with him or her. Many states’ child custody laws prefer to award joint physical custody to both parents, allowing children to spend equal amounts of time with each parent.
In child custody law, legal custody refers to the right to make decisions about a child’s upbringing, which includes decisions about the child’s education, religion and medical care. Parents with legal custody of their children also receive any tax benefits awarded to parents by state and federal government.
The current trend in child custody law is a preference by courts to award joint custody to parents, based on the reasoning that having access to both parents is in a child’s best interest. In most applications of child custody law, joint custody means that each parent shares equally in the decision making process and tax benefits are also equitably shared.
In child custody law, when a court awards sole legal and physical custody to one parent, the non-custodial parent is awarded visitation rights. These rights may be extensive or limited according to the circumstances of the case. A strong presumption in child custody law exists toward awarding visitation rights to non-custodial parents, however, courts may impose restrictions on visitation by non-custodial parents. Visitation can range from several weeks and months of unsupervised time with your children to supervised visits every other weekend.
Cases in which child custody law would deny visitation rights often include non-custodial parents who have abused the child or noncustodial parents severely suffering from a mental illness that could negatively impact the child. Non-custodial parents who are incarcerated or who have a prison record are not automatically denied visitation rights, however.
In addition to physical and legal custody and visitation, child custody law also determines whether a custodial parent can move far away and take the child with him or her. Child custody laws in many jurisdictions require custodial parents to notify and gain the agreement of the non-custodial parent before he or she can relocate to another place far way. Part of a relocation agreement could include increased visitation or decision-making rights for the non-custodial parent.
To Learn More On Child Custody Laws Visit www.webfamilylaw.com
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Child Custody Laws differ from state to state. You need to check with your state’s laws to get the most current information. When it comes to child custody Laws, there are a few states that have all the procedures laid out for the separating parents and there children. The judges must follow these guidelines to assist in determining the custody of the children during and after a divorce.
There aren’t many federal laws that apply to children’s custody, with the exception of transporting across different state lines. States do have differing laws that deal with jurisdiction between other states, but not all states have this understanding however. So if one parent lives in one state and the parent and children in another, the state where the children reside will have more influence. Of course you must take into consideration which state the separation and custody papers where filed.
Child custody Laws are designed with interest of the children as the first priority. Child custody laws are designed to prevent custody going to abusers of drugs or alcohol. Laws are also in place that prevents the children from going to an environment where there is clear mental or physical abuse. Most states prefer joint custody between the parents, where both parents can be a functional part of raising the children. The parents would share both physical and legal custody of the children.
It’s really important to understand these two distinctions in the Child custody laws. Physical custody is where the children are residing. When a child lives a large portion of time with one parent, that parent has what is known as physical custody. Often times during the summer months children leave one parent to live in the house of the other. During those situations physical custody moves from one parent to the other.
Legal custody is the right and responsibility to make important decisions regarding health, education, and well being issues. Often both physical custody and legal custody are with the same parent, unless the parents have joint custody. During those situations the court may decided that where the children reside at the time that that parent can determine what is best for the children at the time. However is would be wise to have a consensus between the parents.
Again, research the child custody laws of your state or province to determine what the best solution is for you during these trying times. Always have the children’s best interest when making these decisions.
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Dec/09
23
Child Custody Questions – How Joint Custody Laws Affect You
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Below are some frequently asked child custody questions, as well as their answers.
If you have specific concerns, it is best to seek advice from an attorney but clearly it is very useful to inform yourself as much as possible first to ensure that you get the most from your attorney and keep a check on the legal costs which can be prohibitive in a messy break up situation.
What is a child custody proceeding?
A child custody proceeding is the expression used to describe any court case concerning adoption, custody, child protection, guardianship, cessation of parental rights, and/or placement of the child.
How is it decided who gets custody?
The essential factor in deciding custody is determining what is in the best interest of the child. In most cases, it is believed that it is best for the child to have regular contact with both parents. The parent who is more prepared to meet these terms is likely to become the custodial parent.
Is custody always awarded to the mother?
The court ultimately determines who gets custody of the child, it can be awarded to the mother, to the father, or a joint custody agreement can be made. It all depends on what is in the best interest of the child and the overriding factor is the judgment of the court as to what is best for the child.
Can the child decide who he/she wants to live with?
Where allowed by law, the child can explain his/her preference and the reason for this to a judge. The judge can use this information as a factor when determining custody. This information may help influence the custody case; however the ultimate decision is made on what would be in the best interest of the child.
Learn more about child custody questions, joint custody of children, preparing for a court hearing and child custody laws at my blog.
Stop by http://childjointcustody.com and give yourself the best chance of winning custody of your child and fully inform yourself of the process.
Sarah Dillon is a legal professional and marriage counsellor, who formerly worked in the healthcare sector.
She runs ChildJointCustody.com and SavingYourMarriageBeforeItStarts.com
Determining the custody of your children in the state of Georgia just became a little more cumbersome for divorcing parents. As of January 2008, children age 14 or older of divorcing parents can no longer determine which parent they want to live with. In further attempt by the court to foster a cooperative relationship between the parents after divorce, it is now mandated by Georgia state divorce law that parents of minor children in every divorce case must submit a detailed parenting plan to the Georgia family court for approval.
There are specific requirements to the content of the child custody parenting plan in Georgia which include which of the parents will retain physical custody of the child(ren), where the child(ren) will be every day during the year, how transportation will be handled including how the children will be exchanged between parents, where exchanges are to take place and which parent will pay for the cost of transportation. While many Georgia Family Law judges already required many of these stipulations be placed in a Settlement Agreement, this new procedures now make the process more uniform throughout the state. Additionally, by forcing a Settlement Agreement to contain so many specific requirements, proponents argue that there will be considerably less room for future dispute as to agreements being unclear or vague.
In line with these changes, also required in the parenting plan are how major decisions about the child’s religion, health, extracurricular activities, education, and emergencies will be made along with how disagreements pertaining to these decisions should be resolved, as well as what limits each parent will have to information regarding the child’s school and medical records. The parenting plan also mandates whether a parent’s visitation with the child is to be unsupervised – if supervised, the details of supervision must be included in the plan to satisfy the Georgia child custody mediator during the divorce. The plan must also include specifics regarding limits of access to the children by phone or otherwise by one parent during the other parents time with the children.
Another notable change that went into effect as of January 1st that will affect parents filing for divorce in Georgia is that the judge is now allowed to award attorney’s fees to one parent or the other. In most cases, this issue does not come up, but the legislation is designed to prevent a wealthy parent from using repeated stall tactics to lengthen the legal process. It is obviously in the best interest of both parties to retain attorneys in Georgia who are well versed in the application of the new Georgia state laws regarding child custody.
If unable to retain a divorce attorney through a personal referral from a friend or relative, an advocacy website is a fine place to begin your search. Finding a divorce attorney who is on your side is important and can be done with a little research or a referral.
Rhonda Conners is a national recognized author and lecturer on family law. Based in Marietta, Georgia, she routinely counsels Marietta divorce attorneys on the Georgia law process.
Child custody battles, and the ensuing oversight of law enforcement in the child’s upbringing, can feel like unwarranted intrusion into family matters. However, child custody laws are designed with the child’s well being in mind and, where warranted, most children will benefit from state intervention. The primary aim of any child custody judgement is to secure the safety and wellbeing of the child, for this reason alone child custody laws protect and safeguard kids.
Child custody judgements come in a variety of forms which generally depend upon the makeup of the family and the circumstances of the judgement. Lets take a look at the two most common court judgements and ask: How do child custody laws help kids?
- Joint custody. In the event that both parents or guardians of a child or children demonstrate a willingness and practical ability to care for the children jointly a judge will favour a joint custody ruling. This decision essentially awards both parents / guardians joint legal and physical custody of the children, and is therefore subject to the partners agreeing some kind of schedule to share time with the kids.
- Sole custody. In the event that joint custody is objectionable due to geography, accommodation or, in extreme cases, forms of abuse or lawlessness by one or both guardian’s; sole custody will be awarded to one parent, or grandparent. This entails the guardian taking full legal and physical responsibility for the child. To off-set this, a judge may award visitation rights to the absent parent or, if the separation is amicable, will advise the couple to establish their own visitation schedule.
The use of these two key judgements, when combined with the visitation rights consideration, provides a simple but powerful set of rules to govern a parent’s access to their children. It should be remembered that a judges prime directive is to take whatever action is most beneficial (or least damaging) to the child and so will always favour a joint custody decision if it is practical and safe.
Child custody laws are, by their nature, enforceable by the court. This adds another level of protection to the child in that once a court decision has been made, a parent can petition law enforcement to take action if the terms of the ruling are being ignored.
This can take many forms, such as: A parent who has lost legal custody of their child demanding time beyond their visitation agreement. A legal guardian not fulfilling their duties to protect and care for the child. A partner not fulfilling their half of care for the child if a joint custody agreement has been reached, and so on.
In any situation where child custody is considered by a judge, the primary factor that all other concerns are weighed against is the overall welfare of the child in any given scenario. It should be clear then, that whatever custody arrangement is chosen, the choice is likely to be the most beneficial one for the child.
For more information and resources on finding the right Divorce Lawyer Attorney that understands the effects it can have on children visit our new website www.webfamilylaw.com today.
Local attorney Carl Parrish talks with Margaret Johnson about child custody laws in North Carolina. You can watch Ask the Lawyer each Friday on WXII 12 News at noon.
My two aunts got into a fight and the one pressed charges on the other on the other one so now they are going to court. The one that started it is the who charges are being pressed against and she has a child. His father is in the miltary in Afghanistan and his fathers parents live a couple of hours away. Also their is my family and my grandma who are in the town of the child. So if the childs mother went to jail who would have custody rights over the child?
Child custody relocation laws differ between states and moving can be quite a sticky issue. Parents that already have full physical and legal custody of their children must meet the standard legal requirements in custody relocation laws. This starts with notifying the non custodial parent if they wish to move or relocate to another state. Minor moves within the county which do not affect the other parents visitation rights are not considered too much of a problem, but if the custodial parent wishes to move a long distance away, the court may rule against it; especially if the move will affect the well being of the children because they have a good relationship with the non custodial parent. Relocation laws for child custody come in to affect regarding child custody arrangements when the move is a certain distance away according to the set state laws, when it makes it difficult for the arranged visitation agreement for the non custodial parent to stay in effect.
Relocation Laws for child custody.
Before the parent with legal and physical custody can move to another state, then proper written notification must be given to the non custodial parent to this effect allowing them to state their agreement or disagreement. This will allow them to file an objection against the move if they wish to, or alternatively give an agreement to the parent with custody rights or the legal guardian to accept the move. It is important to educate yourself regarding child custody relocation laws in your state, because as mentioned above, they differ from state to state. Follow proper steps and legal channels to arrange your moving with everyone concerned and this begins with educating yourself properly on Custody laws by State because there is too much detail to explain for each state different laws. Parents that have had an amicable custody arrangement up until the custody parents decide to relocate may now lodge a dispute when the custody parent wishes to move. This will be even more the case when the result will be difficulty for the other parent to have access to visitation of the children. Before the custodial parent moves, most states require information from the parent that will show that moving is in the best interest of the children.
The court rulings regarding Child Custody Relocation.
It is important to always remember when it concerns child custody disputes that the court will always rule in favor of what is in the best interests of the children when it comes to the final decisions. If moving away is going to be traumatic for the children, you may not get the go ahead to move, even if the non custodial parent has agreed. Most states have clearly defined laws regarding relocation and child custody, so it is good advice to read more about them even before consulting a family lawyer and spending piles of money. If you were to violate the relocation laws or visitation agreements, there may be serious consequences and the non custodial can file against; you suing for child custody again. When it concerns any child custody disputes, proper preparation with save you time money and heartache and this is where the Child Custody center can help you.
Changing Visitation Rights
As with laws regarding child custody relocation, visitation agreements can be also be changed, and once again this also varies from state to state. For local moves visitation may be difficult for the other parent if you have moved some distance away; due to their transport or work related commitments. It is best to work according to the law both for relocation and visitation rights adjustments, to make sure you retain the legal custody rights you originally were given during the child custody court case.
Expert Physchologists Dr Bricklin & Dr Elliot tell you everything you need to know about child custody and visitation rights. Save yourself and your children heartbreak and pain by following expert advice and guides.
Custody Advice Center
