Oct
08
Filed Under (Divorce Issues) by Catherine
William Rigby


child custody is in my opinion the most important decision to be made when a mom and dad split up. Joint child custody should be considered. This will give both parents rights in the decisions of the kids lives.

In this custody agreement mom and dad share the responsibility of making choices for their children. Joint child custody can cover both physical and legal Legal matters pertaining to the children.

The parent with legal custody gets to make all the decisions of a child’s life including health-doctor, Education-school, Welfare of said child. The parent who had physical custody is the one where the child will be living most of the time.

Both parents can have joint custody in these two areas. Mom or dad may have the child monday through friday. The parents may split the time during the week. This has to be thought through very carefully. You do not want to make it tough for the child while in school. Staying at a parents house during part of the week that is quite a ways away from the child’s school will make it tough on the that child and can affect the school work being done.

Now if the parents have split up and are both still in the same school district this would not be a problem.

How do you about obtaining the joint child custody result? The parents may differ on this.

The easiest way is to come to an agreement between the two parents themselves. This will save each parent a significant amount of money in terms of lawyer’s fees and court costs.

The other way is to go to court and let the judge decide. Depending on the parent, the judge may rule for joint child custody. He also may rule that one parent would be better for the child to stay with. This is most certainly true in the case of mental and physical abuse to the child by one of the parents.

One thing to consider is the state within which you live. There are states that are no fault states as is the case in Pennsylvania.

What this means is that no matter how many times you spouse has cheated on you, the courts will not take this into consideration when it comes to determining if joint child custody is warranted.

The best thing you can do to prepare yourself and to increase your chances of joint child custody is to get as much information and some proven strategies that will work in you favor.



Emma
Feb
12
Filed Under (Marriage) by Catherine
IC


What is the definition of child custody in this state? Who is entitled to that custody? Which state has jurisdiction and can children be moved out of that state? What can the party do if a spouse or ex. is in danger of removing the child from the court ordered environment.

Custody, in Florida means being responsible for the needs of a person under the age of 18; this can be further defined by the physical care and supervision of the child. The custodian has a court order for the right of physical custody along with the duty to rear, keep safe and discipline their charge. Medical, food, shelter, education and other material needs are to be provided.

Both parents are entitled to custody. There is joint custody; so ordered by a court. The public policy assures frequent and continuing contact with both parents. If there are extenuating conditions then a child can be put into home with an extended family member by a petition; temporarily. If there is “probable cause” such as abuse, neglect, or abandonment then that child can be “taken into custody” by a police officer or an authorized person and placed with a non relative.

In joint custody the court will order both parents to share responsibility, they will both retain their parental rights, and jointly make decisions in the interest of their child. If the child is able and has the intellect, the court may consider their participation in the decision. The court can consider both the parents’ desires, or may give one parent the ultimate responsibility for certain aspects of a child’s interests or share the responsibilities.

You will need to provide as much information as possible to the court for evaluation in the welfare and interests of the child. This should include information about you and the other party’s behavior and finances. A lawyer is recommended but not required. They are helpful in gathering, presenting, and convincing the judge.

Florida has the Uniform Child Custody Jurisdiction and Enforcement Act. The custody order will be issued in the state that can determine in the best interests of the child. Usually you file in the “home state” where the child has lived with a parent or person for (6) months immediately before the child custody proceeding started. There are exceptions to the “home state” rule such as: when there is “competent substantial evidence” of a risk that a party could violate a court order by removing a child from the state or country without the notarized written permission of both parents. However, providing this information may be difficult. There may be more and complicated steps where an attorney may be needed.

In summary, in Florida, child custody is being responsible for the best interests of a child to include shelter, food, education and other needs for the minor less than 18 years of age. Both parents are entitled to joint or shared custody so ordered by a court. The custody order will be issued in the state that can determine in the best interests of the child; usually the “home state” where the child has lived for (6) months immediately before the child custody proceeding started. When there is “competent substantial evidence” of a risk that a party could violate the court order by removing the child from the state or country a notarized written permission signed by both parents can be submitted.



butterfly_in_a_jar


i live in ohio and was married as a pagan. i also have a daughter, we’re planning on joint custody. i haven’t a clue how to go about getting a mutal constent divorce filled, please help!!

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