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
Custody of Children The concept of child custody refers to the legal and hands-on relationship between a parent and his or her child. Custody includes the parents right to raise, care for, and make decisions regarding the child. The normal scenario would be for both parents to come to agreements on the child's’ arrangements concerning residence, education, and religious beliefs. Unfortunately, when couples divorce or separate, not all of these decisions can be made amicably, leading to various issues
Child custody is a difficult and sensitive matter. During the disputes people go through multiple interviews, background checks, and other privacy invading matters. Child custody evaluations are need when parents are divorcing. This is all done in order to obtain custody of one or more children. The children do not have to be the parents biological children in order to be able to fight for custody of the child. In the evaluations multiple factors are taken into consideration. Through the entire
If children are involved, a custody agreement needs to be arranged. 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
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
After half an hour of searching, finally I have the opportunity to observe a court in person for the first time. At the 302nd Family Court in downtown Dallas on the 3rd of Dec, 2013, the case I was observing was a child custody case between Anna Smith and David Smith. The case number as show on the board outside the court is DS-12-08126. Furthermore, the Judge of 302nd Family Court is Tena Callahan. It was quite an experience when I step inside the Court building and don’t really know where to go
The Father's Rights in Child Custody Issues In the United States today more than one-half of all marriages end in divorce. The purpose of this paper is to examine the reason why women have typically received custody of the children far more often than the fathers. In order to better understand child custody one must first examine how fathers have often times been left out of the picture, and conversely why mothers have had such hard times raising children on their own. This paper will first
In the past years the main court ruling in family court decisions has laid in the favor for mothers to have sole custody. However recent years have proved some changing ideals on custody. With rising father’s rights activism groups, more fathers are starting to get treated more fairly in these court cases. Courts are redefining the guidelines that they are using to determine custody cases. As these guidelines change they look past the general idea of a mother being necessary for a child’s well-being
Sex Change Complicates Battle Over Child Custody Florida state law does not recognize same sex marriage. In this case, the law had no way of proving whether or not Michael Kantaras is a man or a woman, since having a female to male sex change. Depending on this, it will decide whether or not he (pending on decision) will be able to keep custody of his adopted children. If society had not let technology surpass their conventional thinking and laws, this case would be easier to decide, or at least
mothers had none. Thus, in divorce, the father had absolute right to custody. However, this type of thinking began to change in the late 1800's. Our society began to change its opinion on child welfare. More fathers were leaving the home areas to seek work, and the mothers were left at home with the children as their primary caretakers. On the other hand, the fathers became the wage earners. This then changed the thinking of child custody and the way it was viewed. In addition, there was what was called
their lives (Jones). It is insane that this is not even considered. With that being said, Fathers receive custody only 8-14% of the time, and mothers 68-88% (Hughes). This is a major difference. A 50-50 split in custody only occurs two to six percent of the time after a divorce (Hughes). There could be reasons as to why this does not occur, but a majority of the time there is not. In child custody cases, fathers receive unequal treatment because marriages are not equal to begin with, many assume that
awarness of the apartheid’s violent side through the submission of photographs of a ghetto being attack by South African police into the newspaper he is the editor of. At a sad note Biko is arrested on his way to a rally and is beaten to death in custody; the governmen announces he’s death as a ‘hunger strike’. Donald Woods is deeply outraged and shocked. He goes to see the body and takes photographs of the beaten body and plans to smuggle the photo’s out of the country which
to where and when the marriage took place, who the children were, who should have custody and why, if there is to be support for one of the spouses paid for by the other, and what is to become of the family property. Certified copies of the marriage certificate and any birth certificates are attached. The claim for support is known as "Corollary relief" and may be for the spouses and/or the children (claims for custody also fall under corollary relief claims). When corollary relief is requested, a
characters of the play. The theme throughout the play is natural justice versus class justice. The title has links to other parables and stories before it. The Chalk Circle, a Chinese play involved a legal action where the false claimant was granted custody due a bribe to claim her dead husbands estate. This however was overturned by the emperor, the guarantor of the law, in a retrial as the emperor was the father. This particular story is a whisper to the result of Grusha's trial. The emperor is portrayed
hand the needs and treatment aspects of it leave much to be desired." The research of the Young offenders act is still ongoing but Leshied says that it is becoming clear that the custody positions have been in dispute since the act came into effect. The old Juvenile delinquency act states in section 38 "The care and custody and discipline of a juvenile delinquent shall approximate as nearly as maybe that which should be given by his parents, and... as far as practability every juvenile delinquent shall
children more than parents realize. By the time they turn 18, approximately fifty to sixty percent of all children in the United States have been affected by divorce (Miller, 1). Divorce-related problems (e.g., visitation, child support, parental custody) can be ongoing sources of stress to children, even up to eight years after the initial separation. Children can be robbed of a special experience and protection called 'Family'. They move on in their lives as individuals without the understanding
legitimate reason why these people are taken captive. So many might ask what is happening to the Iraqis detained under Coalition forces custody, and do the prisons comply with standards set fourth in the Geneva Conventions? This subject is very controversial to the U.S and other nations. The controversial part of this subject is the alleged abuse of prisoners in jail in custody of U.S soldiers. There are many cases of prisoners dying in prison but is it because of abuse by American soldiers. This subject
Illinois parents are constitutionally entitled to a hearing on their fitness before their children are removed from their custody. Denying such a hearing to Stanley and those like him while granting it to other Illinois parents is inescapably contrary to the Equal Protection Clause. 3. The rule of law that justifies the holding of the case is: "It is cardinal with us that the custody, care, and nurture of the child reside first in the parents, whose primary function and freedom include preparation for
new judge in town allows Pap to keep custody of Huck. "The law backs that Judge Thatcher up and helps him to keep me out o' my property." The judge privileges Pap's "rights" to his son over Huck's welfare. Clearly, this decision comments on a system that puts a white man's rights to his "property"--his slaves--over the welfare and freedom of a black man. Whereas a reader in the 1880s might have overlooked the moral absurdity of giving a man custody of another man, however, the mirroring
harmful effects of the past. In both cases, men claimed their equal protection rights were violated by laws which separated women from men. In Stanley v. Illinois 1972, Peter Stanley challenged an Illinois statute which "automatically conferred custody on a married father and on a mother, married or unmarried, and automatically denied it to an unmarried father" after the death of a parent (Goldstein 196). Stanley claimed that his equal protection right, protected by the Fourteenth Amendment, was