While most are aware that custody and visitation are not synonymous, many parents begin legal proceedings without realizing that custody is broken into two halves by the court: legal custody and physical custody. Legal custody refers to the ability to make decisions regarding the child’s upbringing and development, meaning a parent who obtains legal custody will have a say in matters such as their child’s education, hobbies, and religion. Physical custody, as the name suggests, refers to the actual guardianship of the child and will often be awarded to one parent - usually referred to as the “primary physical custodian” - while the secondary physical custodian will receive visitation. It is the goal of The Law Firm of Caryn S. Fennell to help …show more content…
These include, but are not limited to, the following. No Gender Preference - In Georgia, the Court is prohibited from basing any custody and visitation decision on the gender of either party, meaning preference is not given to the child’s mother or father simply because they are the child’s mother or father. Ultimately, the judge will base their ruling on what they feel is best for the child, so it is essential to secure an attorney who can adequately convey your connection to the child and ability as a parent. Frequent and Continuing Contact - It is the aim of the Court - and The Law Firm of Caryn S. Fennell - to ensure a custody and visitation case leaves the child in question with frequent and continuing contact with both parents. Under extreme circumstances, a parent may be granted both sole legal and physical custody of their child, but, for the most part, the presiding judge will work to grant both parents some degree of access to the child. When frequent and continuing contact is established, a child is more likely to adjust to the separation of his or her parents without risk of developing feelings of loneliness or
In order to keep the court from being involved, the parent would have to agree to voluntary placement of the children with a relative (child welfare information gateway, 2016). These situations occur when child welfare finds signs of neglect or abuse that’s not severe enough for the state to take custody or the parent needs to receive some sort of treatment (imafoster.com, 2014). The children often remain in the care of the relative until the parents complete their treatment plans and satisfies the court so that the children can be returned to them. If the parent fails to complete their treatment plans, the kinship caregiver has the option to take permanent managing conservatorship of the children. The caregiver is given the option to take foster care classes in order to receive financial compensation for the children in their care. The state typically provides some form of financial compensation when the children are initially placed and CPS assists with clothing and gifts for the children while they are under their care. Legal and medical decisions regarding the children are left to the caregiver with oversight from the placing
...t to providing the child with protection when determining what is in the child’s best interests. The risk of violence within the home is considered when contemplating on parenting orders, so the child is not exposed to what is considered an unacceptable risk.
With the increase of divorce and the number of children being born out of wedlock, parental alienation continues to grow. With custody laws changing, allowing for equal opportunities for both parents to raise their children, and fathers beginning to fight for their right to be involved, not just every other weekend fathers, custody battles have become increasingly fierce. Another factor contributing to this is the fact that many courts consider who will be more willing to encourage the child to have a heathly and continuing relationship with the other parent.
The Louisiana courts have remained conveniently silent regarding de facto, or psychological, parentage in their legislation and case law. In Gill v. Bennet, a grandmother appealed a lower court ruling, claiming she was the “psychological parent” of her grandchild because of a guardianship order from an Indiana court. The court noted there are no cases or statutes expressly addressing de facto parents in Louisiana. There have been custody and visitation cases regarding claims of “psychological parent” by grandparents, which resulted in the development of La. Civ. Code Art. 136 and La.R.S. 1344. The court proceeded to address her appeal as a grandparent, or third party seeking custody from a natural parent. The court upheld the trial courts ruling awarding joint custody to the parents of the child, naming the father domiciliary parent, declining to acknowledge the grandmother as a de facto parent, but awarding her visitation under La. Civ. Code Art. 136 because “extraordinary circumstances” existed.
The choice of this paper is to discuss the best practices of conducting child custody evaluations and the diverse roles of the child custody evaluators and the counselor. Mental health counselors are called upon to help with the plethora of custody cases in the judicial system for evaluations. Family courts counselors provide invaluable services as forensic experts or with treatment. Due to the uniqueness of each instance it is imperative that the mental health counselors comprehend the diversity in each instance. The counselors must also be able to practice ethics and legal to prevent the ramification in malpractice.
Forty-one percent of a couple’s first marriage ends in divorce, according to mckinleyirvin.com. Also, Seventy-five percent of children with divorced parents live with their mother while forty-three percent of children growing up nationally, are raised without their fathers. Many factors leads to the decision of the child’s custody, although mothers usually win. However, what if both parents are capable of providing a decent life for the child? Unhealthy relationships between parents can question the true intent behind child custody. After reading Pop Quiz 7 in, “Octet”, from Brief Interviews with Hideous Men by David Foster Wallace, parents used money, vengeance, and love in the battle for child custody. Similar to the situation
Child custody evaluations cover multiple issues such as custody, maintenance, support, valuation, visitation, relocation, and termination of parental rights. There are multiple forms of custody that can result from a child custody evaluation. First is physical custody which is defined as “how much time a child spends with each parent, if the parents share physical custody” (Costanzo & Krauss, 2012). Another form of custody is legal custody, which gives a parent the authority to decide certain influential factors in the child’s life (Costanzo & Krauss, 2012). Joint legal custody is also an option. Another form of custody is sole custody which is defined as “one parent has legal and physical custody while the other typically has agreed upon some rights to visit the child at regular intervals” (Costanzo & Krauss, 2012). “Most custody decisions – about 90% - are made without resorting to litigation” (Costanzo & Krauss, 2012). “Estimates of actual custody arrangements in...
This research paper will explore primarily the impact of African American single-parent households on the children that live in these environments. This is a very important issue and more awareness is needed. Research has provided evidence that single-parent households are one of many risk factors that can negatively affect a child’s educational outcome, emotional health and social behavior. Although not all single-parent family households have disadvantages, the focus of his study is to shed more light on the issues and offer solutions. For example, more policies are needed to reinforce fathers to pay child support. This alone will provide mothers with more money to help them better raise their children.
The co-existing relationship between parents and their children build up the ‘basic unit of society’ a family. Australian law in s.63F the Family Law Act 1975 (Cwlth) is the source of source of parental statutory authority. This legislation provides a variety of legal rights and obligations for parents to act decisively in the best interest of their ‘under-developed’ and ‘legally disabled’ children. However, governments have shown a greater concern with reconignising and protecting the rights of children, limiting parental control as Chief Justice Nicholson approved, saying “The care and protection of children are no longer simply matters to be left to parents to decide”. Parents being contracted as their child’s legal guardian have the right to make decisions that relate to the child; in their religious upbringing and
Thank you for your email dated the 22nd September 15. # Saying (do not worry about the time is easy) I do not know where to start on this one. My suffer started the day my children removed from my life, I am in pain 24/7 feeling hapless and knowing that my children are suffering living in fear and confusion. I do worry about the time because it was the first weapon Beverly Watkinson used for her client to gain ground and have strong held on the situation and the children, she has gained things like visa to remain in the UK, new school for the children , accommodation for the mother and the children.
Amicable Long Distance Custody: How To Make It Happen Children must be the priority to parents before, during and after a divorce, no matter how heated relations become. Otherwise, that child is likely to grow up confused, angry or even rebellious. Set a fine example of strength, maturity and wisdom for your child, by hammering out an amicable long distance custody agreement with your ex. Here are some of the more important considerations to build your plan on: As a divorce proceeds, custodial arrangements should be discussed in-dept between the parents. Prior to presenting the court with an official agreement, both parents need to take a number of important things under consideration.
I, like other women especially mothers and the married, want to be able to have the right to have custody of their children. I want to be able to legally own or possess things of mine, like money. Your father owns the money I have and has custody of you legally. I can’t. These laws institutionalize discrimination because they are so they limit women in their freedom.
A custody agreement never seems to be black and white, especially with new family structures evolving. When it comes to same-sex parents, how are children supposed to split their time equally? The traditional belief of a child needing a mother and a father no longer applies in these relationships. This can be very hard on a child, especially if the parents cannot agree, and it turns into a custody battle. Children are torn between the parents and many psychological issues evolve.
For my mid term paper I 'm going to talk about single parent children and how it affect them in all aspects of life and how it forces the child to grow up faster than other children that have 2 parents.
Child marriage is a popular practice in India and Middle Eastern countries. It is defined as “a formal union before the age of eighteen” (unicef). In some cases the husband can be more than twice the age of the young girl. The median age of women at the time of their marriage is starting to increase, although this primarily includes women in higher income families. Seen as taboo in western countries, the practice is common in rural towns in places like India and Yemen. As a result of the marriage many young girls get pregnant, which is a serious health risk due to their underdeveloped bodies. The practice of child marriage takes away a young woman’s right to an education and also poses serious health risks.