Friday, November 15, 2013

child custody

a court's determination of which parent or relative should have physical and/or legal control and responsibility for a minor (child) under 18. However, child custody also can come up if a child, relative, close friend or state agency questions whether one or both parents is unfit, absent, dead, in prison, or dangerous to the child's well-being. In such cases custody can be awarded to a grandparent or other relative, a foster parent, or an orphanage or other organization or institution. While a divorce is pending the court may grant temporary custody to one of the parents, require conferences or investigation (in some states, if the parents cannot agree, custody is automatically referred to a mediator, commissioner, or social worker) before making a final ruling. There is a difference between physical custody which designates where the child will actually live and legal custody which gives the custodial parent(s) the right to make decisions for the child's welfare

Read more at: http://legal-dictionary.thefreedictionary.com/Sole+Custody

Courts and Jurisdiction

Most custody decisions are made by family courts. However, where a juvenile court has found that a minor poses a threat to society if current custody arrangements continue, the juvenile court may turn over physical custody to the state. The court may simultaneously issue a so-called CHIPS petition, declaring the "child in need of protective services," if the current custodian is abusive or negligent.
Jurisdiction is an issue that has received much attention. A court has the power to settle a custody dispute if a child lives for at least six months in the location where the court has jurisdiction or if it is demonstrated that the court has the closest connection with the child. All states have adopted the Uniform Child Custody Jurisdiction Act, originally adopted in 1967, which provides that a state's court will not accept a custody case unless that state has original jurisdiction or the state with original jurisdiction relinquishes it. All states have adopted the original uniform law. This law was updated in 1997 with the passage of the Uniform Child Custody Jurisdiction and Enforcement Act, which added a number of provisions for the enforcement of child-custody orders from other states. As of 2003, more than 30 states, including the District of Columbia, had adopted the new law, and several others were considering its adoption. The Hague Convention Treaty provides similar reciprocity between nations that are parties to it (implemented at 42 U.S.C.A. §§ 11601–11610 [Supp. 1993]).

Criteria for Custody Awards

Much debate about Child Custody has focused upon the criteria that the courts use in awarding permanent physical custody in cases where two biological parents disagree. Noncustodial parents of both genders have long charged that judges' decision making is Arbitrary and that it does not focus on the child. In response to this criticism, many states have adopted a standard that places primary emphasis on the best interests of the child. The challenge for courts since the 1990s has been to interpret the standard objectively in the absence of meaningful guidelines.
Policies of the past offer little guidance. Before the late 1800s, fathers had sole rights to custody, because it was closely tied to inheritance and Property Law. Mothers had no such rights. Beginning in the nineteenth century, courts began to award custody of young boys and of girls of all ages solely to mothers on the presumption that mothers are inherently better caretakers of young children.

Unmarried Parents

Where a child's parents were never married, most states provide that the child's biological mother has sole physical custody unless the biological father takes steps to have himself considered for custody. Those steps include obtaining a court's finding of Paternity and filing a petition for custody. In some states, this is a bifurcated (i.e., two-step) process; in others, the two steps are combined. An unwed father usually cannot win custody from a mother who is a good parent, but he may have priority over other relatives, foster parents, or strangers who want to adopt his child.

Read more at: http://legal-dictionary.thefreedictionary.com/Sole+Custody

Divorced Parents

When custody must be spelled out because of a couple's divorce, the custody arrangement usually becomes part of the divorce decree. The decree names the parent with whom the child will live, how visitation will be handled, and who will provide financial support. Courts consider a custody award to be subject to change until the child comes of age, and in most states proof of a "change in circumstances" may overturn an earlier award. This flexibility is intended to allow for the correction of poor or outdated decisions, but it consequentially enables some parents to wage bitter custody battles that can last for years.
In a typical divorce involving at least one child, permanent physical custody is awarded to the parent with whom the child will live most of the time. Usually, the custodial parent shares joint legal custody with the noncustodial parent, meaning that the custodial parent must inform and consult with the noncustodial parent about the child's education, health care, and other concerns. In such situations, courts may order visitation, sometimes called temporary custody, between the child and the noncustodial parent. A clear schedule with dates and times may be written into the order, or a court may simply state that visitation should be reasonable. Child Support is a common requirement and is paid by the noncustodial parent to the custodial parent as assistance in raising the child

Child Custody


Under most circumstances, state laws provide that biological parents make all decisions that are involved in rearing their child—such as residence, education, health care, and religious upbringing. Parents are not required to secure the legal right to make these decisions if they are married and are listed on the child's birth certificate. However, if there is disagreement about which parent has the right to make these decisions, or if government officials believe that a parent is unfit to make the decisions well, then family courts or juvenile courts will determine custody.
District and state courts base their decisions on state laws, which vary greatly among states. If a case challenges the constitutionality of a state law or—in rare instances—a state's jurisdiction (i.e., its right to decide the case), then the U.S. Supreme Court may issue an opinion.



Read more at: http://legal-dictionary.thefreedictionary.com/Sole+Custody

Sole custody

Sole custody arrangements have generally be considered a traditional form of custody for many in the past, however there has been a trend since the 1980s towards joint custody arrangements being more favorable.[1][2][3] Sole custody consists of an arrangement whereby only one parent has physical and legal custody of a child








Read more at: http://en.wikipedia.org/wiki/Sole_custody

5 Signs of Parental Alienation

Parental alienatiois a problem that most often arises when parents engage in bitter and extended child custody litigation. Although intense feelings of anger and mistrust are common when parents are beginning to transition from the tidal wave of emotions surrounding divorce into a co-parenting relationship, most parents experience less anger and anxiety over time as they make efforts to co-parent in a way that is healthier and more productive for the children.

Read more at: http://www.divinecaroline.com/life-etc/5-signs-parental-alienation

PARENTAL ALIENATION SYNDROME FAMILIES

In the mid to late 1970s, in association with the replacement of the tender-years presumption with the best-interests-of-the-child presumption (and the gender egalitarianism incorporated therein), we witnessed a burgeoning of child custody litigation. Fathers who previously had little if any chance of gaining custody now found court support for their quest. Since the late 1970s, in association with the increasing popularity of the joint custodial concept, there was an even further burgeoning of custody litigation. Whereas previously the courts tended to award one parent sole custody and assigned the other parent visitation status, now litigating parents could each hope for a large share of time with the children. In association with what can justifiably be called a custody litigation explosion (which is still going on), I began to see a disorder, which I rarely saw before, that developed almost exclusively in children who were exposed to and embroiled in custody disputes. The primary characteristic of this disorder is obsessive alienation from a parent.
Originally, I thought I was observing manifestations of simple "brainwashing." However, I soon came to appreciate that things were nor so simple and that many other factors were operative. Accordingly, I introduced the term parental alienation syndrome.

Symptoms of Parental Alienation

To prevent the devastating effects of Parental Alienation, you must begin by recognizing the symptoms of PA. You will notice that many of the symptoms or behaviors focus on the parent. When the child exhibits hatred and vilifies the targeted parent, then the condition becomes parental alienation syndrome. After reading the list, don't get discouraged when you notice that some of your own behaviors have been alienating. This is normal in even the best of parents. Instead, let the list help sensitize you to how you are behaving and what you are saying to your children.

1. Giving children choices when they have no choice about visits. Allowing the child to decide for themselves to visit when the court order says there is no choice sets up the child for conflict. The child will usually blame the non-residential parent for not being able to decide to choose whether or not to visit. The parent is now victimized regardless of what happens; not being able to see his children or if he sees them, the children are angry. 
2. Telling the child "everything" about the marital relationship or reasons for the divorce is alienating. The parent usually argues that they are "just wanting to be honest" with their children. This practice is destructive and painful for the child. The alienating parent's motive is for the child to think less of the other parent.


Parental Alienation

After more than 10 years of successful sales of Dr, Darnall’s "Divorce Casualties: Protecting your Children from Parental Alienation", Dr. Darnall has revised the original book with 60% new content. "Divorce Casualties: Understanding Parental Alienation, 2nd Ed (2008)" can be ordered from you local bookstore or from Amazon.com. The new Divorce Casualties has a new chapter “Legal and Ethical Challenges to PA and PAS” that will help address the challenges in the courts about the validity and efficacy of PA and PAS. The book will give guidance to parents that are victims of alienation.

Read more at: http://www.parentalalienation.org/

Parental Alienation Syndrome

Although parental alienation syndrome (PAS) is a familiar term, there is still a great deal of confusion and unclarity about its nature, dimensions, and, therefore, its detection.(1) Its presence, however, is unmistakable. In a longitudinal study of 700 "high conflict" divorce cases followed over 12 years, it was concluded that elements of PAS are present in the vast majority of the samples.(2) Diagnosis of PAS is reserved for mental health professionals who come to the court in the form of expert witnesses. Diagnostic hallmarks usually are couched in clinical terms that remain vague and open to interpretation and, therefore. susceptible to argument pro and con by opposing experts. The phenomenon of one parent turning the child against the other parent is not a complicated concept, but historically it has been difficult to identify clearly. Consequently, cases involving PAS are heavily litigated, filled with accusations and counter accusations, and thus leave the court with an endless search for details that eventually evaporate into nothing other than rank hearsay. It is our experience that the PAS phenomenon leaves a trail that can be identified more effectively by removing the accusation hysteria, and looking ahead in another positive direction.

Read more at: http://fact.on.ca/Info/pas/walsh99.htm

parental alienation

Parental alienation (or Hostile Aggressive Parenting) is a group of behaviors that are damaging to children's mental and emotional well-being, and can interfere with a relationship of a child and either parent. These behaviors most often accompany high conflict marriages, separation or divorce.

Read more at: http://www.parental-alienation-awareness.com/

The Impact of Parental Alienation on Children

I offer the first installment of a three-part series examining (1) the impact of parental alienation on children, (2) the effects of parental alienation on parents, and (3) programs, services and interventions that combat alienation and seek to reunite estranged parents and their children.
What children of divorce most want and need is to maintain healthy and strong relationships with both of their parents, and to be shielded from their parents' conflicts. Some parents, however, in an effort to bolster their parental identity, create an expectation that children choose sides. In more extreme situations, they foster the child’s rejection of the other parent. In the most extreme cases, children are manipulated by one parent to hate the other, despite children’s innate desire to love and be loved by both their parents.

Parental Alienation

Nothing stirs up passions more than the controversy generated when parents are at war over the custody of a child.

     A controversy is an issue where evidence on both sides can make a compelling case. It is never black and white, but when people have their emotions aroused, an issue can quickly turn into two polar opposites.

      Fear takes over reason, incomplete facts become evidence, and court calendars become jammed with repeat visits to a judge to try to bring sanity to what is unlikely to ever be sane. On top of this, social movements are promoting one side over another in their clamor for justice. Politicians are lobbied to pass laws to bring order to chaos. Gender wars are fueled and lives are destroyed.

Read more at: http://www.breakthroughparenting.com/PAS.htm

Parental Alienation

Parental alienation (or Hostile Aggressive Parenting) is a group of behaviors that are damaging to children's mental and emotional well-being, and can interfere with a relationship of a child and either parent. These behaviors most often accompany high conflict marriages, separation or divorce. 

These behaviors whether verbal or non-verbal, cause a child to be mentally manipulated or bullied into believing a loving parent is the cause of all their problems, and/or the enemy, to be feared, hated, disrespected and/or avoided.


Read more at: http://www.paawareness.org/

Parental alienation

Parental alienation is a social dynamic, generally occurring due to divorce or separation, when a child expresses unjustified hatred or unreasonably strong dislike of one parent, making access by the rejected parent difficult or impossible.[1] These feelings may be influenced by negative comments by the other parent and by the characteristics, such as lack of empathy and warmth, of the rejected parent.[2] The term does not apply in cases of actual child abuse, when the child rejects the abusing parent to protect themselves.[3]Parental alienation is controversial in legal and mental health professions, both generally and in specific situations.[4][5] Terms related to parental alienation include child alienation, pathological alignments, visitation refusal, brainwashing, pathological alienation,[6] the toxic parent and parental alienation syndrome[7] though the last term is a specific formulation of a medical syndrome proposed by psychiatrist Richard Gardner that is not well accepted.[8]

Read more at: http://en.wikipedia.org/wiki/Parental_alienation