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Custodynamics in child custody cases
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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
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Physical custody means that a parent has the right to have a child live with him or her. Many states' laws prefer to award joint physical custody to both parents, allowing children to spend equal amounts of time with each parent.
In 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
Additionally, people are sometimes already given custody. Zits’ aunt was his one surviving family member, so she was already assigned custody: “She was the only living family I had.” (160) She wanted to let Zits’ mom leave this world trusting that her little boy would be in good hands and that he would not be in foster care. Unfortunately, this was not how it ended up, some people are not capable of raising a child especially while grieving the loss of someone close to them. Some people also do not know what actually comes with the upbringing of a child.
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
...sed on what is best for the child or children involved. It should not be based on the sex of the parent, or who the judge may think would be the better parent because of biased opinions. The decision needs to be based on facts, and on the mental statuses of the parents involved. Which parent has the child best interest at heart? If it is the father, then grant him custody, if it is the mom, then give her custody, or if they are agreeable grant them joint custody. Do what is best for the child.
Can you imagine having your parents incarcerated? I can, when I was 10 years old my father was incarcerated and at age 23 my mother was incarcerated. Parental incarceration impacts you as a child or a teen in so many ways due to only one parent or grandparent being able to raise the child without the other. Parental incarceration is a very dramatic event in a child's lifespan. Having a parent incarcerated can have an impact on a child's mental health, social life and educational needs. Studies show parental incarceration can be more traumatic to students than even a parent's death or divorce, and the damage it can cause to students' education, health, and social relationships puts them at higher risk of one day going to prison themselves.(Sparks,
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...
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.
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
In retrospect, joint custody causes children to obtain the best childhood possible and also provides stability within the mental and physical aspects of a child’s family
The Family Law Legislation Amendment Act of 2011 and whether it has Reduced Violence and Abuse for Women and Children
Levy, D. (2008). Shared parenting is better than sole custody. Policy & Practice, 66(2), 26. Retrieved from http://search.proquest.com.ezproxy.hacc.edu/docview/208198500?accountid=11302
Children will be suffered conflict with the interaction with their parents and siblings, and other aspects in their family life by cause of the divorce (Berk, 2010). Some parents who decide to get divorced that they were waiting the time on arguments and fights. Also, these parents use their children to punishment to one to each other. For this situation, children have a lot of conflicts on their emotions, and they have issues in their security. For instance, the custody’s fights are the biggest battle during the separation, and parents develop a lot of stress during this process. In the majority of the cases, mothers have the custody of their children, and they have to raise as a single mother. Also, the children tend to develop a lot of fears and about what they want to do. The divorce brings several negatives on children, and children live with a lot of stress during the divorce process. As well as, each child is different, and they
This shared parental responsibility is the presumption that both the mother and the father of the child have a role in making decisions about important long-term issues concerning the child. These are issues relating to school or major health concerns. In addition, they would argue that the amendment provides flexible options that assist you after the breakdown of the relationship like parenting plans. A parenting plan is an agreement that is done by both parents of the child, which highlights the arrangements of the child, this plan is made without the involvement of the court.
sense to me. My sister and I were of age, and there were no vicious custody
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.
Child marriage is defined as “any marriage carried out below the age of 18 years, before the girl is physically, physiologically reader to shoulder the responsibilities of marriage and childbearing” (Walker 231). 15 million underage girls throughout the world are married yearly (Asadullah and Wahhaj). These early marriages are most notably carried out in poorer regions of the world, such as the Middle East, Sub-Saharan Africa, and South Asia. There are a vast number of motives driving child marriages; these factors are fueled by socio-economic situations, religious beliefs, and cultural norms. It is normal for those of us who live in westernized nations to cringe and vehemently protest the practice of child marriage. We label it as a human