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
Friday, November 15, 2013
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
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
Read more at: http://en.wikipedia.org/wiki/Sole_custody
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