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When parents divorce, they have to decide where the child will live. They also have to make decisions regarding the upbringing of the child. Child custody laws describe the rights and responsibilities of parents for their child.
Physical custody will generally describe who the child will live with. The parent may agree on physical custody, or the court may order a parenting plan. In general, a child will live primarily with one parent. The parent would be considered as sole physical custody. The other parent would be non-custodial parent. If the child lives equally with both parents, the parents are said to have joint physical custody.
Legal custody will generally describe the decision making on upbringing of the child. In most cases, both parents will have joint legal custody of the child. However, the court awards sole custody to one of the parents in some cases.
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Legal custody is very different from physical custody. For instance, a parent with legal custody has the right to decide on the child�s medical care, dental care, education, and religion. However, the child may or may not live with that parent. It is important for the parent to understand the difference before making a request for legal custody.
Legal battles over child custody can be long and expensive. Both parents will need to pay very expensive legal fees to family courts and family law Lawyers. If it is possible, parents should come to an agreement on physical and legal custody of the child without the family courts
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define temporary custody of a child as a decision made by the parents at the time of separation. Sometimes what could be in the best interest of the child at the time of separation might not be the best for the child down the road.
Legal custody is the next step of the Oklahoma child custody process. This is determined by which parent is able to make the legal choices for the child. The choices include education, health care, religion, and what�s in the best interest for the child�s general welfare. Joint custody and legal custody are two different things in Oklahoma. Joint legal custody splits the decision making responsibilities between the parents while sole legal custody allocates all of the decision making power to one parent.
Physical custody is where the child will actually get to live. This is split into two categories; sole physical custody and joint physical custody. Sole physical custody is given to the parent that the child actually gets to live with. The other parent is limited to visitation right determined through mediation or by the Oklahoma court system. Joint physical custody is a very rare circumstance in the state of Oklahoma. Joint physical custody would allow the child to live with both of the parents for a given set of time. Rarely is it determined that joint physical custody is in the best interest of the child. The courts in Oklahoma do not judge parents on gender, school district or the life they live. In difficult times it is important to know that the decision will be made based off of what is in the best interest of the child.
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Child custody is a major proceeding involved in divorce cases. It is done to determine who shall have custody of the child or children. As child custody cases are rather sensitive issues, it is always advisable to hire an efficient child custody lawyer.
Child custody laws in Arizona are similar to those in other states. The Arizona court laws decide on child custody according to the child's best interests. Other factors considered by the court include the wishes of the parents, the interaction and interrelationship of the child with the parents, and the degree to which the parents have compelled the child in the child custody agreement. The child's adjustment to home, school, and community as well as the mental and physical health of all individuals involved are also discussed.
The court has the right to order either a sole custody or a joint custody agreement. Joint custody shall not be awarded if the court finds the existence of significant domestic violence or a history of domestic violence. Unless restricted by court order or law, both parents are entitled to have equal access to information concerning the child's education as well as physical, mental, moral, and emotional health, including medical, school, police, court, and other records.
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Clarksville child custody lawyers insist on all possible legal rights for children and guide them through a suitable course of action. Effective, concerned, and at times aggressive legal representation is essential to obtain a suitable verdict. Only thorough, preventive estate planning with the assistance of child custody lawyers can protect a family and ensure that assets are inherited by chosen individuals.
A Clarksville child custody lawyer has to be engaged as early as possible because time is a very crucial factor in preparing and analyzing child custody cases. The rates of Arizona child custody lawyers are around the national average.
Clarksville child custody lawyers are members of the Arizona Trial Lawyers Association and the Association of Trial Lawyers of America as well as the American Bar Association.
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If you are having a child custody dispute with your ex-spouse, it is in your own interests that you should familiarize yourself with the child custody law. This will give you a better understanding as to how the law works.
Child custody has two basic aspects to it. One is legal custody and the other is physical custody. Legal custody gives the parent the responsibility regarding the child�s health, education and welfare. The parent also has to make the appropriate decision for the child. If only one parent is given the legal custody of the child, then that parent has to make all the decisions and he / she does not have to consult the other parent while making the decision.
There can be situations where both parents have the legal custody of the child. In those circumstances, the decision on the child�s health, education and welfare has to be made by both parents jointly. Usually this sort of situation does not arise as the court knows that the parents may not agree with each other.
Physical custody allows the child to live with one parent. Sole physical custody is that when the child lives primarily with one parent and while the other parent has visitation rights or the child can visit the parent at his / her home.
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Then there is joint custody where the child spends equal time with both the parents.
Physical custody is the most contentious issue as both parents end up fighting for the child. However, it is the court that decides after taking the child�s interests into consideration. There is no doubt that it is not practical for the child to spend equal time with both the parents. It can also cause psychological trauma to the child. That is why parents have to focus on the child�s interest rather than on each others shortcomings.
If you are going through a divorce, you should sit with your spouse and first work out the custody arrangements and everything associated with it. Once you have reached this arrangement with mutual consent, you can be sure the arrangement would have the best chance of working out rather than those enforced by the court when there is a legal battle for the child.
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When a couple files for divorce, the court decides the guardian of the child who is under 18 years of age. The decision regarding child custody is often a sensitive issue and need to be taken with a lot of care. In most cases, the custody is handed over to one of the parents but in case both the parents are not in a position to look after the child, the custody goes to a relative or orphanage.
For a parent, the most precious thing is his/her child. A parent would seek help of the best Lawyer to be with his/her child forever. An expert Lawyer can guide you the best in protecting your rights.
An Lawyer has a vast experience in dealing with child custody cases. A number of intricacies are involved in such cases that require expert handling that an Lawyer can provide.
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Under the Federal Law, there are five types of child custody:
1. Legal Custody: Under the legal custody, the parent has the right to make decisions regarding the schooling, medical and dental care of the child. In many states, the courts award joint legal custody to the parents. Under the joint legal custody, the decision-making is shared between the parents. Under a joint legal custody, in case one parent takes decision regarding the child without the consent of the other, the other parent might ask the judge to enforce the original custody agreement.
2. Physical custody: It is the right of a parent lives with the child. In some states, there are arrangements where the child spends approximately half the time in each parent�s home. The latter arrangement is considered only when there is amiable relationship between the parents.
3. Sole Custody: Under Sole Custody, the custodial parent has physical custody and legal custody of a child, and that the non-custodial parent has only visitation rights.
4. Joint Custody: Parents who live separately can opt for a joint custody, i.e., if they agree.
5. Bird�s nest custody: Bird's nest custody is a joint custody arrangement where the children remain in the family home and the parents take turns moving in and out.
Factors in Determining Custody
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While deciding for a child�s custody, the court gives maximum importance to the child�s best interests. The factors on which the decision regarding a child�s custody is taken are:
1. The child�s age, gender, mental and physical health
2. The parent�s mental and physical condition
3. The lifestyle and other social factors of the parents
4. The emotional bond between the child and the parent
5. The parent�s ability to guide the child
6. The parent�s ability to provide the child with food, shelter, clothing and medical care
7. The child�s established living style
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8. The quality of the school attended by the child
9. The child�s preference, i.e., if the child is above a certain age (usually 12)
10. The ability and willingness of the parent to foster healthy communication and contact between the child and the other parent.
11. The willingness of a new spouse to accept the child
12. Physical or mental handicaps that affect the child's well-being
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One of the most complicated issues for parents during divorce is sorting out issues related to child custody and visitation. Child custody is often provided to those parents with whom the best interests of the child are preserved. Family courts often prefer parents who can prove that they are the best caretakers of the child. In certain cases, both parents want custody of their child and will do whatever possible to win their child custody case. However, there are certain tips which can be quite useful when faced with a child custody trial.
One of the most important factors in determining custody is the parent's availability and how involved each parent is in their child's activities. Family courts usually favor the parent who spends the most time with the child. Hence, for help to win a child custody case, a parent should spend substantial time with their child and take an active role in parenting duties such as going to their child's school, participating in their school activities, and tending to their medical and dental needs. Parent's involved in unhealthy relationships or exposing their child to situations involving domestic violence will harm their custody case.
Parents should have a healthy behavior while caring for their children. Any criticism with regard to the other parent should be stopped immediately. Frustrating the relationship between the child and the other parent will be damaging to a parent's custody case. Family courts often look to see whether parents are denying access to the other parent. Documentation of records is another important strategy. This includes documenting important events in the child's life, birth details, health records and the participation of the parent in the child's activities. Another important strategy that can help win a custody case is to prove why it is not in the best interest of the child for the other parent to have custody. Apart from these strategies, hiring a good Lawyer and being flexible regarding the schedule of other parent can be beneficial.
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For many divorced and separated parents with children there will be a common answer as to why they ended up with the child custody and visitation arrangement they have. The answer being, �the judge decided it.� In other words, the judge chose the parenting arrangement you have based on his/her belief of what was in your child�s best interest.
Judges do not always make the child custody decision or choose the parenting plan arrangement for the parent�s. In fact, more often than not, the judge will not make the child custody decision for the parent�s. It is usually when the parent�s are unable to reach an agreement on child custody the judge will choose the parenting arrangement for them. If the judge makes the child custody decision for the parent�s it is often referred to as a final judicial order or judgment on child custody.
Parents typically know what�s best for their children including decisions about child custody and visitation. The difficulty for the parents is often the inability to set apart their own emotions and wishes from the needs of the child. Parents are typically given the greatest amount of flexibility in choosing a parenting plan that reflects the best interest of their child. However, when the parent�s are unable to come to an agreement on child custody and visitation the judge will often be given the task to make the decision about child custody and will also have a tremendous amount of leeway in choosing a parenting plan the he/she thinks is best for the child. This leaves vast room for a judge�s interpretation of what is in the best interest of the child and often leads to arbitrary judicial decisions regarding child custody and visitation.
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When the court or judge chooses a parenting plan for the parent�s it will usually result in one or both parents being disappointed or feeling a sense of loss. Typically one parent will feel as though they won child custody while the other parent felt they lost child custody. It�s also not uncommon that both parents end up disappointed with the court or judges decision. Rarely both parents feel as though they won when the court or judge makes the child custody decision.
To avoid arbitrary judicial child custody decision made by the court and judges you would be wise to learn more about how child custody decisions are made and the laws in your particular state. How judges have ruled in the past and what influences his/her decisions. Additionally, you will want to explore alternative dispute resolution options such as child custody mediation, collaborative law, and arbitration. If you are seeking legal advice on how to proceed with your child custody case you can consult a family law Lawyer in your area who spends a significant amount of his/her practice representing clients on child custody cases.
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Child custody laws vary from state to state. However, when looking into child custody laws, there are some general laws that apply. It is important that when dealing with a custody case, you have a full understanding of how the different laws will affect your individual case.
Most often, the court that has jurisdiction over the divorce proceedings, also has say so in the custody of the children. Whenever a child is born to parents who are married, they both have equal legal rights to the custody of the child should they separate.
The most important consideration in a child custody case is what is in the best interest of the child. The child's well being takes precedence over the parents wants and desires. Some states believe it is in the best interest of the child to maintain frequent contact with both Mom and Dad. Often times, the parent who is able to be the most supportive of this notion is appointed as the custodial parent.
The custodial parent is the term used for the parent who spends the majority of time with the child. Therefore, a non-custodial parent is the term used for the parent who spends less time with the child.
Child Custody laws Clarksville: Most states have an arrangement is place, should both parents disagree on custody of the child. Often times, the parents are required to attend mediation in order to work out a visitation plan that both Mom and Dad can agree upon. With mediation, the parents meet with a neutral third party, who then helps the parents to try and resolve their differences, as they relate to custody.
However, if mediation fails, the parents can then take matters into court. They can present both sides of their cases to the judge and let him or her make the final decision as to the custody of the child.
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Child custody cases can be extremely difficult and expensive. A mutual agreement is preferred, since joint custody is more likely to be utilized, than if a judge were to make the decision for the parents.
There are many factors that come into play in the case of child custody. Since the laws vary from state to state, it is important that a local lawyer be consulted. Be sure to familiarize yourself with the laws of your state, before going forward with a child custody case.
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Abusing women is becoming an epidemic in the current world. Witnessing a physical assault on their mother and growing in such an environment can have a devastating impact on the growing minds of children. According to a research conducted by American Judges Association, 75 percent of child custody cases that go through intense battle between the parents involve history of domestic abuse. And interestingly, the men who perpetrate domestic violence on the mothers often contest for the custody of the child. But, there is a sharp contrast in the decisions taken by different courts with respect to battered mothers and child custody.
According to a research report published by Battered Mothers Testimony Project (BMTP) in 2002, courts are biased towards battered mothers. Courts have been inefficient in protecting battered mothers and children from physical abuse. Often, fathers or batterers are preferred more than the battered mothers in awarding the custody of the child. According to the findings of BMTP, courts have violated human rights. They have allowed the batterers to continue with their abuse through court system. During the court proceedings, mothers are treated with disrespect by the investigators. They are harassed emotionally and financially.
According to a gender based study conducted by Massachusetts Supreme Judicial Court Gender Bias Task Force, many judges, investigators and family service officers usually ignore physical abuse of women while determining this and visitation. Even if any woman accuses her husband of physical abuse, it is considered as an act of revenge. Surprisingly, during many of these trials, the batterers have been awarded with either joint custody or sole custody of the child. According to this report, in almost 94 percent of the cases involving battered mothers and child custody, the fathers have received sole or joint child custody.
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When searching for child custody information, it's important to research all the child custody laws in your state and become familiar with the terminology used. Though all the child custody laws may not affect your case now, you never know what's going to happen before your case is settled. That's why it's important to gather as much child custody information as you can find because, in this all important battle, you don't want to have any surprises later on.
Since child custody issues are played out in the legal field, the most important place a parent needs to go for the complete range of child custody information is a lawyer. A lawyer will help you to analyze your unique situation and find a solution that fits you and your children best. They will know the intricacies of the law and can assist you through any unusual situation you might be facing.
Before you talk with a lawyer, make sure that they are familiar with child custody cases and will truly fight for you and your children. After all, you don't want to take the child custody information you receive and realize later that the lawyer's advice was outdated or that he hadn't told you about certain laws or their implications on your case. This is why the first thing you should research when looking for child custody information is how to find the right Lawyer.
The right Lawyer can make a world of difference in your child custody case. Likewise, the wrong Lawyer can take a strong case and misrepresent it or fail to get it in front of the judge.
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So how do you go about finding accurate and comprehensive child custody information? Look online to see if you can find ebooks, resources and support groups that can advise you during this tumultuous time. Find forums where you can ask experienced parents and informative counselors or lawyers all the questions you need. The library is always a great place to find free information as well, but you will need to make sure that you are looking at the most recent edition of the law before you make any decisions.
Without comprehensive child custody information, you'll find yourself constantly wondering if you did the right thing. Take the time to do the research now, and you'll not only be better prepared, but you'll have better peace of mind with your decisions.
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When you are faced with child custody challenges you need the right Florida custody lawyer working on your behalf. You want to make sure you have good representation at the onset. The amount of money you may spend finding the right Florida child custody lawyer is worth the benefits, but you must do your due diligence.
A good Florida child custody lawyer should be a Certified Family Law Specialist or a member of the American Academy of Matrimonial Lawyers. These qualifications mean they have specialized in Family Law. Although having these credential don�t guarantee your outcome, it does mean they know there way around Florida child custody laws.
You want to start your search for a Florida child custody lawyer by using referrals from family and friends, online directories, Bar Association referrals, Yellow Pages and the like. Ask for a free consultation. This will give the lawyer an opportunity to apply for the job of representing you in this matter. If you look at the consultation in this manner you will ask more questions of the applicant (lawyer). Remember, this is a consultation. When initially consulting with a Florida child custody lawyer you aren't under any obligation to retain there services. This is the best time to get all your questions answered. Ask them if they are familiar with the judges who handle custody cases in you area. What is the norm for a case such as yours? Give them details. You want to interview with at least three different lawyers to get a feel for their knowledge. It won't be hard finding a Florida child custody lawyer eager to take on your case, but you must feel comfortable with their level of competence.
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After completing your one on one consultations you should have a few good Florida child custody lawyers to choose from to represent you. Find out what their current caseload is so you will know how much time they will have to spend on your particular case. It is also a good idea to check them out with the Florida Better Business Bureau and the Florida Bar Association. You want to know if there are claims against the lawyer by others they have represented in the past.
Divorce and child custody cases are trying times, but you must use the best Florida child custody Lawyer you can find and afford. You should feel confident that your lawyer can best assist you in winning your child custody case.
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That is the ultimate question that will pop up once a divorce started to run on the wheels of court. Along with the legal arguments and circumstances to nullify a marriage, there are also legal remedies that will be brought out to family courts to decide on the primary custody of the children.
In most instances, there are divorced parents who come into a mutual agreement with regards to the physical custody of their children. They set aside their differences and arrive on a shared custody of the children which means that they share a 50/50 legal as well as the physical custody of the children. As parents, they have nothing in mind but to raise the children in a loving environment that they used to have when divorce was not yet in the picture. Coming into a mutual agreement is a good move for settling the custody dispute of the children.
However, there are also instances where settling the custody dispute does not come with an immediate solution. Divorced parents are still battling out on the legalities of issues with regards to the legal custody of the children that needs to be brought out into family courts.
Just like any other cases filed in court, there is a hearing that will be conducted as an avenue for legal arguments and law interpretation. And your child custody lawyer will be doing the legal matters inside the courtroom.
A child custody lawyer will be your legal representative in family courts and will be the one who will establish your right for the custody of your children. By using out all legal remedies as well as circumstantial evidence that may be present, he will try to give to you the legal authority over your children.
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Aside from being your representative in legal arguments, he will also be assessing your potential win in child custody cases. Often times, he will conduct a case review where he will evaluate all the details of your case as well as the remedies that you can use in battling out for your right over the custody of your children.
In addition, he will also be interpreting the laws of the state where the child custody case falls. Since laws vary from state to state, it is important that you also have an idea on state laws governing child custody. That is why it is wise that you get a child custody lawyer based within the state�s jurisdiction. Wide knowledge with regards to state laws will be your lawyer�s defense in battling for your custodial rights.
But remember, even when the child custody lawyer that you have hired is really good, the case will be decided by the judge according to the laws of the state as well as the pieces of evidence that you have presented. Your lawyer will be the one who will argue for your right, but certainly he will not be the one to dictate the outcome of your child custody case. It is still within you if you will win the case. That is why as mentioned earlier, most child custody lawyers conduct case review first before plunging in to legal arguments in courts.
Your children are at stake here�getting a child custody lawyer is a way to fight for your right to them.
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I will not say there is no Federal law, but most all child custody law is determined by individual states, each having laws pertaining to that individual state. The state which, is the child's established residency, is the state that will hold jurisdiction. These states usually have basic laws and regulations similar to each but you must know the law of the exact state because no two are the same.
General child laws include determining what is in the best interest of the child. State law is not interested in what is better for one parent of another. Most states generally agree that continued contact between the children and both parents are most effective.
Determining custody has many factors involved, including but not limited to; finances, health and the lifestyle chosen by a parent. Other factors are the children's age, sex and current living conditions as well as the children's feelings if old enough to give input.
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Child custody law is basically made up of two types of law, legal and physical.
Legal gives both parents or one of the parent's legal rights involving religious beliefs, health, education choices, activities, etc. If one parent is given these rights the other cannot legally stop these decisions. Both parents can have legal child custody.
Physical is when a child lives with one parent more than the other. When this occurs the parent who does not have physical rights can still have legal rights. Physical child custody can also involve joint physical custody where both parents share custody about an equal part of the time.
Child custody laws account for determining visitation rights for the parent who does not have physical child custody as well as child support payment decisions when applicable.
The only sure way to be ready to protect yourself and your child when these cases are to be determined is to be prepared. You cannot take for granted the kids are coming with you. Remember what you will do to gain child custody? What would you not do? Your ex is thinking the same thing right now.
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You must be prepared before you obtain a lawyer, retaining the wrong lawyer cannot only be expensive but more importantly will hinder your best chance win.
You and your child deserve the best possible future, all the horror stories about divorce and child custody are not always true, but when they are they become nightmares for a parent who does not know where or who to confide in, in these trying circumstances
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When there is a child involved in any divorce case, then a child custody ruling will have to be made. The child custody case is always separate from the divorce case or the child support issue. A child custody evaluation is usually the best possible way to determine what will be best for the child. The courts rely on the evaluation so much, that around 90% of the decision is based on the evaluation.
A psychologist is used to conduct the evaluation and often the process is very stressful. Even though it is for the benefit of the child, both parents feel that they are in a competition. Due to this, they can get very distraught and frustrated with the process if the psychologist implies anything out of the ordinary. The behind-the-scenes truth is not always present during a court hearing. Many times, both parents are putting on a false appearance and the evaluation is a way to hear the child's side of the story.
The psychologist spends time with the child and the parents at different intervals. The psychologist must determine the parenting skills of both parent. How comfortable the parent feels in the presence of the child is also a very big detail. The needs of the child are also accessed and how quick the parent is to respond to the needs. Each parent's home is evaluated during the process to make sure that it is a loving and secure environment for the child.
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If the issue of child neglect or abuse is raised during the child custody battle, then the psychologist may be asked to focus more on that topic. The parent accused of these accusations may be evaluated more than the other, as well as the interaction between the parent and the child. The child will also be questioned further on the topic without either parents in the room. If the child has a learning or mental disability, then the parents will not be evaluated as harshly.
The role of the psychologist during the evaluation is often misunderstood. The psychologist has no ruling as far as the child custody order is concerned. The psychologist is also not allowed to favor one side more than the other. The role of the psychologist is to present an impartial outlook on both parents. By an evaluation being conducted, the parenting abilities of both parties, and then health of the child can be accessed from a bystander view.
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Your Aggressive, Passionate, and Caring Clarksville Child Custody Law Firm
When children are involved, the stakes go up in any divorce or separation situation. It is imperative that you protect your children and your parental rights during this time. Clarksville child custody laws are very specific about protecting the welfare of children. The Clarksville divorce and family law Lawyers at the Law Offices of Robert J. Tennant will help you decide what your best legal options are regarding your children after your divorce is settled. Our Lawyers have over fifty years of combined experience making sure that our clients get the results they need to protect their children's welfare.
If your pending divorce will involve child custody and visitation issues, contact the Clarksville child custody law firm of the Law Offices of Robert J. Tennant. We'll listen and care.
We provide quality legal representation in the following areas of Clarksville child custody, child support, and visitation law:
Joint physical custody, joint legal custody, sole custody
Custodial parent relocations, move-aways
Child support law, child support calculation
Child support enforcement
Sanctions
Child visitation agreements, joint custody visitation schedules
Nonmarital relationship custody, paternity law
Father's rights, grandparents' rights, third party visitation rights
Changing custody and visitation
A Special Note about Child Custody Options
Parents often consider some type of joint custody. But, determining the type of joint custody is unique to every case. The child's current home, accessibility to family and friends, school, and appropriateness of a living situation are all important factors. Child visitation involves similar consideration of the child's schedule, location, and supervision. We are able to effectively advocate for your rights within the law while keeping your in child's best interests in mind. Importantly, in this age of mobility, we are familiar with and can help formulate an interstate visitation agreement. Interstate visitation agreements require knowledge of uniform and conflicting state laws. Let us ensure your interstate visitation agreements are enforceable.
For more specific information about Clarksville child custody law, visit our Family Law FAQ page on this website.
To discuss your child custody options, contact the Clarksville child custody law firm of Robert J. Tennant to schedule a consultation.
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Can I get joint custody of my children?
Clarksville has a "joint custody" law that encourages judges to award joint "legal custody" to parents. This means that both parents have a right to make decisions concerning their children, such as education, medical treatment and religious training.
The court also has the power to award "physical custody" to one or both parents. Physical custody determines where the child actually lives, and it is most common for the children to spend most of their time with one parent. The parent who does not have primary physical custody is usually granted "secondary physical custody" or visitation rights.
It is most common for the non-custodial parent to have specified periods of time consisting of alternating weekends, one evening per night and one-half of the children's school vacations. In some cases, the parents agree to "reasonable" secondary physical custody or visitation rights, which means that the parents agree on the times when the non-custodial parent will have the children.
2) If I have custody of our children, can I relocate with them to another metropolitan area?
In some cases, a judge will issue orders preventing either parent from changing the residence of the children from a specified geographical area. Locally, it is not uncommon for a judge to restrain the parents from removing the residence of the children from what are referred to as "the seven Southern Clarksville counties." Such orders are common where both parents have a considerable amount of time with the children and removing them from the metropolitan area would be disruptive to the children an d their development.
Over the last ten years, courts in Clarksville have been dealing with the right of a custodial parent to move with the children to another metropolitan area or out of state. The Clarksville State Supreme Court recently decided a case that settled this controversy. Under the new rule, the custodial parent generally has the right to decide where the children are to live, as long as he/she is not moving simply to deny the other parent access to the children.
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If you anticipate you and your spouse will not be able to agree on the custody of your children, you will need to know about the custody laws in the state of Clarksville. First of all, there are two types of custody in Clarksville: legal and physical. Sometimes, there is a custody battle between parents about legal custody. Legal custody gives each parent the right to make decisions about their children, and requires the parents to meet and confer before making any major decisions about their children. It also gives the parents the right to obtain information about the children, from the children's schools, their doctors, etc.
Whether the custody matters involves a divorce or paternity matter, getting sole legal custody of your children in Clarksville is difficult. The court will almost always award joint legal custody to each parent.
If parents fight about custody of their children, it is usually over physical custody. Physical custody determines where the children will live. In a joint physical custody arrangement, the children's time is split nearly equally between each parent's home. A joint physical custody schedule does not have to be structured in any specific way. Joint custody could be a week-on, week-off schedule; or even an every-other-day schedule. However fashioned, joint physical custody will require the parties to cooperate with each other, share the children, and will make it more difficult for the parties to move away from the area. If you live in or around Temecula and if one parent wants to move away, this will often turn into a new custody battle requiring more court hearings. Custody battles- especially those invovling "move away" cases, are best handled with the help of an experienced family law Lawyer.
Primary physical custody (sole custody) is where the child lives with one parent the bulk of the time and visits with the other parent only on specific days. This is what most parents are referring to when they talk about being in a custody battle. The most common situation is when the child sees the visiting parent on alternating weekends and for an evening or two during the week. Although courts are legally not allowed to favor one parent over the other, practically speaking, most custodial parents are still women in Clarksville.
If you have any questions or would like any info concerning custody or visitation in the state of Clarksville and you live in the Temecula, Murrieta or Hemet areas of Riverside County, please call us for a free consultation.
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Courts typically will not consider a parent�s sexual orientation in custody and visitation determinations unless it is shown to adversely affect or harm the children. There have been no cases dealing with transgender parents. The state Supreme Court has held that when a same-sex couple deliberately has a child through assisted reproduction both partners are the legal parents.
Custody and Visitation for Gay, Lesbian and Bisexual Parents
Clarksville courts typically will not consider a parent�s sexual orientation in custody and visitation determinations unless it is shown to adversely affect or harm the children. Clarksville law states: "Custody should be granted in the following order of preference according to the best interest of the child: � (1) To both parents jointly � or to either parent. In making an order granting custody to either parent, the court shall consider, among other factors, which parent is more likely to allow the child frequent and continuing contact with the non-custodial parent � and shall not prefer a parent as custodian because of that parent�s sex. The court, in its discretion, may require the parents to submit to the court a plan for the implementation of the custody order. (2) If to neither parent, to the person or persons in whose home the child has been living in a wholesome and stable environment. (3) To any other person or persons deemed by the court to be suitable and able to provide adequate and proper care and guidance for the child. "This section establishes neither a preference nor a presumption for or against joint legal custody, joint physical custody or sole custody, but allows the court and the family the widest discretion to choose a parenting plan that is in the best interest of the child. � "In making a determination of the best interest of the child � the court shall, among any other factors it finds relevant, consider all of the following: (a) The health, safety and welfare of the child. (b) Any history of abuse by one parent or any other person seeking custody against any of the following: (1) Any child to whom he or she is related by blood or affinity or with whom he or she has had a caretaking relationship, no matter how temporary. (2) The other parent. (3) A parent, current spouse or co-habitant of the parent or person seeking custody, or a person with whom the parent or person seeking custody has a dating or engagement relationship. (c) The nature and amount of contact with both parents. � (d) The habitual or continual illegal use of controlled substances or habitual or continual abuse of alcohol by either parent. Before considering these allegations, the court may first require independent corroboration, including, but not limited to, written reports from law enforcement agencies, courts, probation departments, social welfare agencies, medical facilities, rehabilitation facilities or other public agencies or non-profit organizations providing drug and alcohol abuse services. � The provisions of this subdivision shall not apply if the parties stipulate in writing or on the record regarding custody or visitation."
In one 1988 case, Birdsall v. Birdsall, a gay father�s overnight visitation with his children was conditioned on "no known homosexual being present." The appellate court held that absent a showing of harm or likely harm to the child, a parent�s visitation rights cannot be restricted. In this case, there was no evidence presented that demonstrated harm to the child that could be attributed to the father�s sexual orientation, and there was no evidence of future harm.
Custody and Visitation for Transgender Parents
There are no published cases dealing with transgender parents. State law, however, does not seem to permit the consideration of factors that do not affect the best interests of the child to be used in custody and visitation determinations.
In a 1997 unpublished case, Vecchione v. Vecchione, the Orange County Superior Court upheld the validity of a marriage between a female-to-male transsexual and his female spouse and awarded joint child custody to both parents.
Custody and Visitation for Same-Sex Co-Parents
When a same-sex couple deliberately has a child through assisted reproduction, both partners are the legal parents. Custody and visitation decisions are based on the best interests of the child.
In 2005 the state Supreme Court, in a trilogy of cases, held that when a couple has a child through assisted reproduction, both partners are legal parents. In Kristine H. v. Lisa R., the state Supreme Court ruled that the birth mother, Kristine, could not challenge a court judgment that declared her and her former partner to be the legal parents of the child they had during the relationship through assisted reproduction. In Elisa B. v. Emily B., the court found that the same-same partner, Elisa, was a legal parent and should be held to the duties and responsibilities of a legal parent. In this case, Emily gave birth to twins who had no biological connection to her same-sex partner, Elisa. The relationship ended, and Elisa continued to provide child support for a period of time, and then stopped. And in K.M. v. E.G., the court held both partners to be the legal parents. K.M. had donated her eggs so that her partner, E.G., could bear a child through in vitro fertilization. After the relationship ended, K.M. petitioned to be declared a parent.
In a 2000 case, Guardianship of Olivia J., Karen petitioned for guardianship of a child born to her former domestic partner, Jennifer. Karen had not adopted the child. The trial court dismissed the petition. The appellate court reversed this decision and sent it back to the trial court for further proceedings. The appellate court ruled that the Karen�s status as a non-parent did not preclude her from filing a guardianship petition. The burden for a non-parent, however, is a heavy one � she had to show that Jennifer�s parental custody was detrimental to the child. The court held that "the loss of a relationship with a non-parent, who has acted as a de facto, or psychological, parent, is a factor the court may consider in determining whether parental custody is detrimental to the child."
In a 1999 case, Guardianship of Z.C.W., a lesbian was denied visitation of her former same-sex partner�s children. While the court acknowledged that she was a de facto parent, or psychological parent, they concluded that absent any legislation or other court cases granting a non-parent visitation rights over the objection of the biological parent, and in the absence of any showing of detriment to the child, they could not grant those rights.
In two cases, West v. Superior Court of Sacramento Co. in 1997 and Nancy S. v. Michele G. in 1991, the Court of Appeals ruled that former same-sex partners who do not have a biological or legal relationship with the children of the former relationship do not have standing to obtain parental rights (visitation and custody). In Nancy S., a same-sex couple had a child during the relationship. After the relationship ended, the biological mother, Nancy, was determined to be the only parent of the child. Her former partner, Michele, appealed, arguing that that she was a de facto parent. The appeals court stated that indeed she may be a de facto parent, but that did not mean she had the same rights as a parent to seek custody and visitation over the objections of the child�s natural mother. The court reviewed the cases in this area and concluded that even if non-parents qualify as de facto parents, it is in the context of them being recognized in guardianship or dependency proceedings and sometimes even obtaining custody of children � but only if it is established by clear and convincing evidence that parental custody is detrimental to the children. The appeals court upheld the decision of the trial court.
In a 1990 case, Curiale v. Reagan, a same-sex couple had executed a written agreement stating they would share physical custody of the child born during their relationship. After the relationship ended, the biological mother, Robin, refused to allow her former partner, Angela, to visit the child. Angela petitioned the court to give effect to the written agreement. The trial court declined and held that it had no jurisdiction to award custody or visitation since Angela had no right to custody. The appeals court upheld this decision.
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