What Is The Difference Between Sole Custody And Joint Custody
Oliver Ross Okay. Sole custody and joint custody, first of all, have nothing to do with how divorcing parents spend time with their children. It's been a common misconception that, somehow, sole custody meant that one parent would have all the time with the children and the other parent wouldn't have any. Sole. The word 'custody', by the way, has been taken out of the law, taken out of the statutes concerning children in divorce, here in Arizona as of January 1, of this year, 2013. Because it always meant, not how much time parents would spend with children,.
It always meant who would make major life decisions. So, if one parent were to have sole legal custody, which is now called 'sole legal decisionmaking', that parent would make major life decisions for the children, independently of the other parent. So, what are some examples of major life decisions Around education, what schools do they go to' public school, private school, charter school Around health what doctors do they see, what medicines do they take Around religion what religion or faith are they raised in Those are prime examples of major life decisions for children.
How Do Fathers Get Custody of Their Child
Hello, my name is Brian Galbraith and I'm the owner of Galbraith Family Law. We're a law firm of family law lawyers located in Barrie, Orillia and Newmarket. How does a father get custody of his children Now, there's a myth out there that fathers never get custody of their children. This is based on the historic fact that, traditionally, mothers were primarily responsible for the care of children and fathers were the bread winners. So it made sense, in those days, that the court would order custody to the mother since.
She was the one primarily looking after the children anyway. It was in the children's best interested to be with their mother. Nowadays, both mothers and fathers usually participate in the care giving and in earning the income for the family. As a result the Ontario courts are more inclined to order an equal time sharing regime for the children. If a father wants custody of his children, he needs to prove that it's in the best interest of the children that he has custody. A strong argument would be that he was traditionally.
The one responsible or primarily responsible for the care, and that he can continue to provide the care that the children want and deserve. Custody battles are often very nasty. They can take many months and even years to resolve and cost thousands of dollars in legal fees. The children often suffer when there's a custody battle between their parents. As a result we prefer to help our clients negotiate a settlement. One of the best processes to do that is called collaborative practice. That's a process where the parties agree not to go to court and they work with professionals to find a resolution.
To their petty issues and any other issues that they have to resolve related to the separation. It's a very cost effective process and keeps the power of decision making in the hands of the parents. Most importantly, it helps prevent the children from being in the middle of a battle between mum and dad. If this tutorial's been helpful, give it a thumps up. And if you'd like to learn more information or have one of our lawyers help you with your custody issues, please go to our website which.
Joint Custody Versus Sole Custody in Ontario
Hello, I'm Brian Galbraith, I'm the owner of Galbraith Family Law. We are a law firm of divorce lawyers located at Barrie, Newmarket and Orillia. I'm often asked, what is the difference between joint custody and sole custody Well, custody for lawyers means how you make decisions. In a joint custody regime the parents make decisions together. If one parent has sole custody, they make all of the major decisions. So, major decisions are those that relate to the health care, religious upbringing and education of your children. Of course, there can be some disputes as to what decisions are major, which ones are minor.
Day to day decisions are made by the parent who has the children under their care but those major decisions that have a significant impact on a children's lives are made jointly if you share joint custody. In Ontario the courts tend to assume that it's in the best interest of the children that both parents are involved in decision making but if there's evidence that the parents will be fighting and arguing and it will be not in the best interest of the children to have joint custody, then they'll order sole custody and give that.
Decision making part to one person. Now, often parents think that custody means the amount of time that the children spend with each parent. Well, that's not the case. Joint custody can occur even when the children are living primarily with one parent and the other parent just has access. So, often when people refer to joint custody, they assume it means that the children will be with both parents an equal amount of time. That is in fact, called shared custody. Confusing, isn't it Not sure why the term custody was used in two different contexts but from a legal.
Point of view, joint custody versus sole custody means how decisions will be made. Now, sometimes even if we have joint custody are going to have disagreements, so it's always best to see if you can work out those disagreements and come to a decision on your own, but if you need help, we sometimes send you to mediation where a neutral third party will help you discuss the issues and come to an agreement. Sometimes we have to go to court to get a judge to decide which point of view should.
Prevail, what's in the best interest of the children. Sometimes what we'll do is we'll hire a parenting coach who unlike a mediator can actually give you advice and make some suggestions as to what the best resolution of the issue is, and they'll help you work out an agreement. Whatever is needed we'll help you find the expertise so that you can make the best decisions for your children and your family. So, if this tutorial has been helpful, please give it a thumbs up. If you'd like more information or a consultation with.
How do I get Sole Custody of My Children Seattle Family Law Attorney Eric Engel Describes a Case
I once had a client named Courtney who was going through a divorce and she was trying to get sole custody of her kids. Hi. I'm Eric Engel, Seattle divorce lawyer with the Engel Law Group in Seattle, Washington. In Courtney's case, we were able to show that her husband continued to have a drug and alcohol problem which interfered with his ability to care for her children. This allowed her to get sole custody of her kids when the judge finally decided who should get custody. She also got child support and she got a favorable.
Sole Custody of Children in Arizona
A parent granted sole custody, now referred to as sole legal decision making has the authority to make final decisions regarding the major life decision affecting the parent's children, such as where the children will attend school, the healthcare the children receive and the extracurricular activities the children will participate in regardless of the opinion of the other parent. The other parent is still entitled to obtain information regarding his or her children's performance in school, performance in extracurricular activities and healthcare from the other parent or directly from the provider of those services. Legal custody.
Means the right and responsibility to make decisions for children, barring any specific court orders to the contrary sole legal decision making provides one parent to make the final decision on big day to day decisions for the children's care and welfare without consulting the other parent, including education, medicine and religion. Examples where the court may award sole legal decision making would include those times where you have drug and alcohol abuse by one parent to the other, substantial child neglect or abuse claims or convictions, domestic violence where the children were present, harmed or endangered, as well as.
Child endangerment including DUI's while having the children in your car. The visitation parent is expected by the court to conform to big decisions by the sole legal decision making parent in all day to day decisions when children are with him or her. The exception to that would be private school. A sole legal decision making parent cannot require the other parent, known as a visitation parent, to contribute to the cost of private schooling if enrolled without the consent of the visitation parent or the court per the child support guidelines.
School records are also an area where both parents have access to records regarding the children, including medical records, school and extracurricular activity records, those records are available through the sole legal decision making parent or from the provider of the service, except in cases where courts find giving one parent access to records creates a danger to the children. If you're in need of a professional and experienced attorney to represent you in your children's best interest, in any family law matter, please call Alan Cochran at Hildebrand Law, PC at 480 3058300 to schedule an appointment.
What Age Can a Child Decide Custody and Access
Hello. At what age do children determine the custody and access arrangements Hello, I'm Brian Galbraith. I'm the owner of Galbraith Family Law. We're a law firm of divorce lawyers with offices in Barrie, Orillia, and Newmarket. There is no exact age when children can decide the custody and access arrangements. It's ultimately up to the parents to decide. Failing an agreement, a judge will decide. Judges base their decision on the best interests of the children. What that means is they consider what schedule or arrangement will best foster the overall development of the child. There.
Are many factors that they'll take into consideration. One of the factors may be the wishes of the children, depending on the age and maturity of the children. For example, older children will carry greater weight if they are still mature and of sound mind. Younger children, less weight. For example, a child who is 12 years old or older and expresses a wish one way or the other, their wishes will be a significant factor in deciding the schedule and the arrangements. It is important that you do not simply ask your child what he or she wants to do with.
Regard to the residence schedule. That would put your child in the middle. It's just not fair to your child. It can be psychologically harming to the child, and in fact, the judge will not look very favorably on you if you're asking the child where they want to reside. If the voice of the child is relevant, what we'll do for you is we'll help you find the right expert who can interview the child. These experts have particular techniques for interviewing children so as to not psychologically harm the child.
How do I get Full Custody of my Children Seattle Child Custody Lawyer Eric Engel Explains
How do I get full custody of my children Hi! I'm Eric Engel, a Seattle child custody lawyer with the Engel Law Group. The first thing you need to find out is do you have a parenting plan in place right now A parenting plan is a set of rules that the court uses to determine who gets your child when versus the other parent. If you currently have a parenting plan then you need to stop and you need to consider filing a modification of the parenting plan because somebody already has custody of your.
Children. Now, if there's not a parenting plan in place then you need to file a petition for a parenting plan. Or if you're married, you're going to need to file for divorce or legal separation in order to get a parenting plan put in place. The court looks at a variety of factors in determining who should be the primary custodian in a parenting plan. The court is going to look at the strength and nature of your relationship with your child in other words, how strong is the bond.
That you have versus how strong is the bond with the other parent. Take a look at the stability of your life. Are you in a stable situation Do you have employment Is your employment flexible For example, if you need to, can you get off work early to pickup your child from school These are the sort of factors that the court will need to look at. Also, they're going to look at other factors such as drug or alcohol use, or if someone has a criminal history, or a history.
Of domestic violence. These last few factors can radically affect a person's right to see their child. In fact, they can result in supervised visitation if you have one of those factors present. Why am I telling you this Because you need to be aware what the factors are that a court considers when deciding who to place your children with. Are they going to place your children with you or are they going to place your children with the other person. We deal with these issues every day and we can help. Give us a call at 2066259800.
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 The Difference Between Sole Custody And Joint Custody
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How Do I Get Sole Custody Of My Children Seattle Family Law Attorney Eric Engel Describes A Case
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