Why did they change the word custody to decision making Well, there are actually technically two forms of custody, I guess, you could say, legally speaking. There's legal decision making which is making the primary life decisions for the child such as where the child goes to school, medical decisions, so on and so forth. And there is physical custody which is, as it sounds, the actual physical control of the child who the child spends the most time with. So it's actually split into two and that's probably why that split has taken place.
How Do I See My Kid Los Angeles Child Custody Attorney David Pisarra tells you how.
Hey guys, Dave Pisarra here with MensFamilylaw so we're gonna talk about the situation where you have a child, you're not married, so you're just boyfriend girlfriend, you're probably on the birth certificate, but maybe you're not, and she won't let you see the kid. So here's the deal. Mom has legal custody of the child and physical custody of the child because she's the mom. She's gonna be on the birth certificate. If you're on the birth certificate you have technically legal custody but the question becomes what's that really.
Mean in terms of actual day to day operations.You're gonna have physical custody if mom is allowing you to see the baby, but the problem is when mom wants to move and takes the kid with her you don't actually have a court order that says you have any time to actually see the child. The police are gonna look at it and say mom's supposed to be with the baby because the baby is still probably nursing. So if you've got that situation where you're a daddy bu you're not actually a court ordered dad, paying child support with a court order for.
Visitation, you're kinda left out in the cold when the kids are really young. So that's the situation where you're going to have to file what's called a paternity suit. Filing for paternity is a really easy thing we just fill out a couple of forms we get mom served, she's got 30 days to file an answer, and then we can go forward and get a court order for visitation, but that also means you're probably going to have to pay child support, which if you're a good dad you probably want to pay anyways and like a lot of my clients you're.
Probably already paying the rent, buying diapers, putting in food, paying for the utilities and it's possible that your child support might actually go down. So this can be a good thing for you from a financial standpoint and it's something that you definitely have to have if you want to make sure you have your rights to see your child. If you've got more questions, and you want to talk about it, please feel free to give me a call, check out the other tutorials, and read the blog, subscribe to our newsletter so you get the free Before.
What Are the Grandparents Custody Rights of Grandchildren
What rights do grandparents have to custody and access of their grandchildren Hi , I'm Brian Galbraith, I'm the owner of Galbraith family law professional corporation. We're a law firm of divorce and family law lawyers with offices in Barrie, Orillia, and Newmarket. Grandparents have the same rights to custody and access as any other non parent. In other words, they have no special rights. If the court believes it's in the best interest to children that the Grandparents be granted access or custody, then they'll order it. But, in the face of competent parents who wish the grandparents to have no access, obtaining.
An order of access is very difficult. Grandparents who have been involved in the day to day care of the grandchildren over an extended period of time, so they've been essentially playing the role of parent, they have a very strong case for at least access and sometimes even custody of the children. Another situation which grandparents have had great success, is when the parents are unable to care for their children as a result of perhaps mental illness, or addiction issues, or imprisonment for that matter. Alberta, Quebec, New Brunswick and BC have legislation.
Which acknowledges the importance of the grandparentgrandchild relationship, but it doesn't guarantee custody or access to grandparents. Ontario has legislation that's pending, but it's a private members bill so there's a good chance it will not be passed into law. Some of the saddest cases involving grandparents are those in which their child has died and the grandparents wish to maintain a relationship with the grandchildren, but the surviving parent does not want that to happen. Those are tough cases that the court has to grapple with and decide based on what is in the best.
Divorce and Child Custody Mediation in Pennsylvania
Have you considered the possibility of using mediation to help resolve divorce or custody issues that you're facing My name is Tim Colgan, and I am a divorce and custody mediator with Colgan and Associates. Many people appreciate the cost effective and private means that mediation provides for resolving any disputes related to divorce, child custody, or matters of support. In mediation parties work with a neutral third party mediator who helps facilitate the discussion on these issues and helps the parties reach a mutually acceptable resolution. One of the powerful aspects of mediation is that the parties control the.
Pace of the medication process and also have the ability to make sure that they have all the information that they feel is necessary and relevant in making decisions about matters of property distribution, child custody, or support. Parties still have the ability to be represented by their own individual attorneys and to consult with them throughout the process to make sure that they have a full and complete understanding of the choices that they're making. If you'd like more information about mediation and how the process might work for you, please check out my website at.
How TO Begin A Divorce In Arizona
Hi, I'm Chris Hildebrand at Hildebrand Law. I've been an Arizona divorce lawyer in the state of Arizona for over 20 years. One of the common questions I hear from clients regarding the Arizona Divorce Process is, how do I begin my divorce in the state of Arizona. All divorces start with one of the two spouses filing a petition for dissolution of marriage. If you retain an attorney to represent you, that attorney will draft that petition for dissolution of marriage along with some related documents that must be filed with the petition, and.
Will file that for you in the Maricopa Superior Court. If you do not retain an attorney, you can get self help forms through maricopa.gov. Visit their self help center and they'll have a petition for dissolution of marriage and the other required forms for you to complete and file at the Maricopa county Superior Court. The advice I give most of my clients that meet with me prior to filing a petition, is bring to me on our first meeting, a list of all of your assets with a listing of what you believe those assets to be worth, a list.
Benefits Of Filing For Divorce First
Hi, I'm Chris Hildebrand of Hildebrand Law. I want to answer your question on whether there's a benefit to being the first to file a divorce petition in the state of Arizona. The spouse who files the divorce petition is referred to as the petitioner. The spouse that's responding to that divorce petition is referred to as the respondent. If you find yourself in a trial because you haven't been able to resolve all of the issues, the petitioner always starts the presentation of their case first. They present the evidence, form of.
Witness testimony, exhibits, documents, anything that may be helpful or relevant to the issues that the judge is going to decide. The respondent then presents their case. Same thing, they present witnesses, documents and evidence in an attempt to convince the judge that their position is correct. But, the petitioner gets to also present rebuttal evidence after the respondent ends their case. What does that mean That means the last thing the judge is going to hear before making a decision on your case is the petitioners witnesses, evidence and rebuttal. So, that's the difference between being the petitioner and respondent,.
What is the definition of custody in New Mexico
In New Mexico, child custody is actually determined in two areas legal custody and physical custody. Legal custody refers to the right and responsibility parents have to make decisions for their children and who is allowed to make those decisions. Physical custody speaks to whether or not the child lives primarily with one parent or with both parents, and how they share time with and responsibility for the child. The determining factor regarding what form of legal custody andor physical custody should be in place is the best interest of the child. What is legal custody Legal custody is broken.
Down into joint legal custody and sole legal custody. It's presumed in New Mexico the joint legal custody is in the best interest of the child or children of the marriage or relationship. Joint legal custody means that in the areas of religion, education, extracurricular activities, health care, and residence, that that child has a defined status quo. If one parent, or even the child in some cases, wants to make changes in one of those areas, the parents are to discuss this change and attempt to agree to this change. No change is to be made until.
The parents have agreed upon it. The goal really is that all major decisions in this child's life are made together by their parents and that there are not unilateral decisions made by one parent or the other regarding the child. With sole legal custody, or even modified joint legal custody, decisions are made by one parent or even divided between the parents. For example, in true sole legal custody, one parent would be allowed make decisions as to religion, education, extracurricular activities, health care, and residence without consulting with or getting agreement of the other parent.
This is generally fairly unusual in New Mexico. It typically occurs when one parent is unavailable to make those daily decisions with the other parent, or when there's an extreme history of inability to make decisions together, sometimes in cases of domestic violence. In modified sole legal or modified joint legal custody, a court may actually order or the parents may agree it's best if they assign decisionmaking about certain areas to one parent of the other. For example if one parent is unable to be physically present to assist in those daily.
Decisions, the other parent may be responsible for making decisions about such things as health care, education, and extracurricular activities however, they may still need to make joint decisions about residence and religion. What is physical custody Physical custody generally means where that child resides in how they share time with each of their parents. In more traditional time sharing plans there's typically a primarycare parent for the child who spends the majority of their time with the child. This may apply in cases with very young children. In situations where a child.
What Is A Petition To Modify Child Custody
Amanda Szpakowski My name is Amanda Szpakowski. I am the Family Law legal assistant here at the Bornmann Law Group. I specialize in anything family lawrelated custody, visitation, father's rights, anything family law. Basically, if you already have a custody order put into place where you have visitation, we can file what's called a Petition to Modify the Custody. We can ask for you to have more visitation, we can ask for the custody to be changed from primary custody to joint custody. There's a lot we can do at that point regarding getting you either unsupervised visitation,.
How Do I Get A Divorce Explained by Los Angeles Divorce and Child Custody Attorney David Pisarra
Hey Guys, David Pisarra here with MensFamilyLaw. Do You want to learn how to do a divorce let me tell ya. there are a lot of forms involved with the paperwork for getting a divorce. It's so much easier to get married than it is to get divorced, its it should be criminal, but the reality is filing for divorce you start with a summons, which comes from the court telling the other party that they have 30 days within which to respond. You file a Petition, which just says we were married on this date, we split up on that date, we.
Have this many kids, we have this community property, we have this separate property. If you do have kids, you have to file what's called a uniform child custody jurisdiction and enforcement act declaration UCCJEA. It's a four page document its gotta go with everything dealing with kids. You have to file a blank response on the other party when you serve them, and that's how you get a divorce started. Once all that paperwork is filed with the court then it gets served on the other party and they have 30 days from when they get it.
To file a response in the response they say we were married on this date we separated on this date we have this many kids, this is the property and I either agree, I disagree,I don't want a divorce I want a legal separation, I want different grounds for the divorce. Once that response is filed with the court then we move forward with discovery. And discovery is just you showing the other side all of your cards. this is all of the debt we owe, this is all the property we have, these are all the bank accounts, the stocks.
The bonds, the hidden swiss bank accounts all of that important good stuff. And then they have to do the same thing to you. Once each side has disclosed to the other all the assets and all of the debts of the marriage then they can move forward and negotiate a settlement. It gets typed up into a judgement, and the judgement gets submitted o the court and theres a ton of forms that go with that. Judge signs off on it and then you can get a divorce. That process takes a minimum of six months, depending on how much paperwork.
Is involved and how many assets and debts and how we're going to deal with child support child custody and alimony. It's a long ugly process or it can be really quick and easy, it all depends on what your situation is and how many assets you've got and how many children you've got. I hope that helps. If you've got questions please feel free to check out the website, watch the other tutorials and be sure to download our before you leave guide, it's got some great information if you've got kids on what you should do before you leave the.
What Is A Default Divorce in Arizona
Hi, I'm Chris Hildebrand of Hildebrand Law. I'm an Arizona divorce lawyer. I've been practicing family law and divorce in the state of Arizona for over 20 years. One of the common questions I receive from clients and potential clients regarding the Arizona divorce process is, what is a default divorce. A default divorce occurs when one spouse has filed a petition for dissolution of marriage, they've served that petition for dissolution of marriage on the other party, typically through a private process server and the other party after they've been served, fails to file a written response with the court within the time allowed by.
Law in the state of Arizona. Now, if that spouse was served while physically located in the state of Arizona, they have 20 days to file a response to that divorce petition. However, if they were served while outside the state of Arizona, they're given an additional 10 days and they have to file an answer within 30 days that the divorce petition was served upon them. If they fail to file that timely response, the filing party, the petitioner, will file an application an affadavit of default with the court, they will mail that application.
An affadavit of default to the other party, and the other party is then given 15 days to file a response from the date the application for default was filed. If they fail to file that written response, the spouse who filed the petition, simply calls the court, the court will set a default hearing, that spouse will show up to that default hearing with a form of divorce decree. If the court finds that the proposed division of debts and assets in that default divorce decree is fair and equitable and the provisions regarding child.
FL311 Child Custody And Visitation Attachment Part 1
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