May 19, 2012

You are here: Home / Archives for arizona family court

Child Custody Laws for Single Parents

May 1, 2012 By Leave a Comment

By Amie Haskett -

Child custody is a very emotional subject and even more so for single parents who are not married. Custody battles can become very nasty when the father does not accept paternity, when unmarried parents do not live together or when a relationship comes to an end.

Child Custody Laws

We will focus on custody laws relating to mothers and fathers who have never been married to each other, with children born out of wedlock. Divorced couples may also be known as single parents, but the same laws do not always apply. As laws differ from country to country we cover general principles only. In the United States each state has its own. If you live elsewhere in the world, do an internet search for child custody laws applying to single parents.

The Rights of the Child

The basic principle remains the same for all child custody laws. The rights of the child come first. The United Nations Convention on the Rights of the Child specifies that in all legal matters, countries should act in the best interests of the child. Children of single parents have the same rights as children born in wedlock.

Children’s basic rights include:

  • The right to life
  • The right to a name and nationality
  • The right to be cared for by his or her parents
  • The right to have contact with both parents

The Rights of Single Parents

Child custody describes the legal relationship between a parent and child. This relationship involves both rights and responsibilities. Rights regarding custody for single parents could include:

  • both biological parents have automatic custody rights
  • the unmarried mother has automatic custody
  • the unmarried mother has to apply for custody
  • the unmarried father has to prove paternity before applying for custody even if his name appears on the birth certificate

Types of Child Custody

Most family courts support the idea of joint custody as children benefit from a strong and close relationship with both parents. Depending on the circumstances, different types of custody can be awarded to single parents

  • sole legal custody – one parent makes all the decisions
  • shared legal custody – both parents make the decisions
  • sole physical custody – the child lives with one parent, with the other having either unsupervised or supervised visitation rights
  • joint physical custody – the child spends more or less the same amount of time with each parent.

If the biological single parents are too young, or not considered fit to care for the child, the courts may award custody to a third party, such as a grandparent.

Evaluation tools for awarding custody

Courts do not use a fixed list of rules when awarding custody to single parents. A judge may consider the following factors or situations:

  • age of the child
  • best interests of the child
  • child’s preference
  • relationship between child and each parent
  • primary caregiver to date and impact on the child of any change
  • ability of the parent to provide a comfortable, stable and caring home
  • relationship between parents
  • parents’ preference
  • evidence of alcohol or drug abuse by either parent

Find out the custody laws for your state or country. Even if you are in a good relationship with the father or mother of your child, unmarried single parents living together should formalize all child custody issues.

For more information regarding single parents, visit us at www.singleparentcenter.net.

Article Source: http://EzineArticles.com/?expert=Amie_Haskett
http://EzineArticles.com/?Child-Custody-Laws-for-Single-Parents&id=6837059

 

 

Filed Under: Child Custody Tagged With: , ,

Child Custody – Things the Judge Will Consider

April 23, 2012 By Leave a Comment

By Lucille Uttermohlen -

Whether you are getting a divorce, or were never married, the court has guidelines it must follow in awarding custody of a child. In general, it is the court’s duty to place the child where it would be in his/her “best interest” to live. The following are some of the things a judge would normally consider.

The age and sex of the child can be important. If a boy is old enough to decide that he wants to spend more time with his dad, the judge may let him move in. If a girl feels that her step-mother is … well, not the good witch, a court may listen to what she has to say in favor of her mother’s home. The child must be old enough, and sufficiently mature to understand what he/she is requesting. If the judge thinks he/she is, serious attention can be paid to the child’s wishes.

The persons sharing the custodial parent’s home can be relevant to a custody modification. If the mother’s boyfriend is abusive, or the father’s new wife is hostile to his kids, the court may decide that the child would be better off with the other parent. If the child is mistaking needed discipline for cruelty, however, the court may decide that his/her stability is best served by remaining with the custodial parent, even if that parent won’t let the child blast his music at full volume whenever he/she wants.

If there are other children, the court may look at whether the child would suffer by being separated from his/her siblings. Even half siblings can form strong bonds, and it may not be good for the child to live in the other parent’s home if to do so would cause them to be apart. This factor can be neutralized by the existence of half siblings in both homes. Still, the child’s relationship with these other children can be important.

Drugs and alcohol can also play a part in a custody determination. Obviously, a parent who drinks to excess or engages in the use of recreational drugs may lack the judgment to provide a safe home for the child. The risk of dangerous behavior or even being jailed could make this kind of parent a bad choice for a child’s primary caretaker. In addition, if the parent is violent, or can’t protect the child from others who are, the child may be better off in the other parent’s home.

The things a judge uses to determine where a child should be placed, also depend on the situation. Most judges don’t like to talk to small children because they are unable to appreciate the significance of the proceeding. However, an older child may be able to provide useful information regarding his/her own best placement. School records can also be useful in assessing a child’s home situation. A straight “a” student who is suddenly flunking may be in need of the other parent’s care. If the child is getting therapy, the counselor’s opinion may be valuable. Finally, the court can ask for reports from independent persons, such as guardian ad litems, if the judge is convinced that the parties and their witnesses cannot give adequate information on which to base a fair decision.

Copyright (c) 2009 Lucille Uttermohlen

Lucille Uttermohlen has been a family law attorney for 27 years. If you hav questions about divorce, or any other legal issue, visit Lucille at http://www.couple-or-not.com for answers.

Article Source: http://EzineArticles.com/?expert=Lucille_Uttermohlen
http://EzineArticles.com/?Child-Custody—Things-the-Judge-Will-Consider&id=2789543

 

 

Filed Under: Child Custody Tagged With: , ,

When Do Child Support Payments Begin?

February 9, 2012 By Leave a Comment

By Greg Tolland -

After weeks, sometimes months of deliberating you make the decision to get divorced. Among the first thing you should do is hire an attorney, then fill out your net worth statements. From there, a judge will hear your case and ultimately will grant you a divorce. Once the divorce is completed you find out you are 7 months behind in child support payments although your divorce was just finalized. You standing there scratching your head, and wondering why?

Domestic Relations Law (“DRL”) is why. It states that “such order shall be effective as of the date of the application therefore, and any retroactive amount of child support due shall be paid in one sum or periodic sums, as the court shall direct, considering any number of temporary support that have been paid.” Or put simply, once the divorce application is served, the support payments will start from that day. So, say your partner filed for divorce and you were served with papers on April 5, 2011. Your divorce was completed August 5, 2011. As of August 5, 2011, you are in arrears for four months of support payments.

In determining any child support that is owed, the judge will consider any brief support payments which you made prior to the divorce. For example, if you are in arrears $15,000.00 and you’re able to demonstrate that you are paying child aid each month for a total of $9,000.00, you are in arrears $6,000.00. What if you pay too much? Your own children will be grateful however, you will not acquire a credit. In simple terms, child income support for the year is $9,000.00 and you can show you paid $14,000.00, your spouse will not be responsible to return the extra cash.

It is imperative that you pay back all of the support you owe. The good news is, the court’s may allow that you to divide up your expenses into monthly installments in addition to the court required payments. Going back to our example, if you are required to pay $1,000.00 every month in child income support and owe $12,000.00 in backed support ($1,000.00 x 12 months) the court may allow you to break up the payments for the following year. For instance, you will still pay $2,000.00 court ordered support, in addition to another $2,000.00 a month in back child support for the first year, or in other words, that first year you will pay $4,000.00 per month.

Learning point: Retain precise records of all payments going to your partner through the divorce procedure. Often it might take around 24 months prior to when the divorce is finished, so you should always be either making payment on the child support or saving enough for whenever the day comes. Develop a paper trail very similar to you would with your taxes. Pay your husband or wife using a check to help you to have a record of every transaction. Keep in mind that if you are not the custodial spouse, you might be responsible for child support. Talk to your lawyer about potential child income support liabilities and plan accordingly. Make sure you retain the services of a lawyer once you and your spouse opt for divorce, you can never be too careful in times that requires one to surrender part of your income.

If you found this article helpful and would like to learn more about child support, contact a Long Island divorce lawyer today to safe guard your rights.

Article Source: http://EzineArticles.com/?expert=Greg_Tolland
http://EzineArticles.com/?When-Do-Child-Support-Payments-Begin?&id=6783345

 

 

Filed Under: Child Support Tagged With: ,

A Closer Look Into Child Support

November 3, 2011 By Leave a Comment

By Keith Lea -

When an individual is seeking child support they are doing the right thing by making sure that their child will be cared for financially. While the cost of living has gone up, the economy has taken a downturn that has affected many individuals. The cost of raising a child can be expensive, especially if the responsibility falls on one person. Child support is an obligation that should not be seen as a punishment.

Usually, the parent who does not have primary custody of the child will be ordered to pay. The amount that they are ordered to pay will vary from state to state, but the amount to be paid is usually based on the parent’s income, the needs of the child, the parent’s ability to pay support and the amount of access the parent has to the child.

The court does however have the discretion to order additional support over and above the guideline child support if the child or children have special needs such as medical issues or special extracurricular activities. The court will also usually require that the parent ordered to pay to also provide medical insurance so that the health of the child will be maintained.

In some cases a trust or annuity can be set up in regards to the support obligation. This can happen if one parent has concerns about the other using the child support payment in the best interests of the child. The court can order that a portion of the payment be put in a trust or annuity if they feel that it is in the best interests of the child. In the instance of an annuity, the fund will be paid out on a fixed schedule over time and will guarantee a certain amount of income over that period of time. A trust is a fund that is also paid out over time, however, the court will appoint a trustee who will make payments at certain times or make payments as necessary for the health, education, maintenance and support of the child.

An order for support payments generally lasts until the child is 18 years of age and graduates from highs school. However, there are instances that can shorten or lengthen the period in which support must be paid. For instance if a child is disabled before their 18th birthday, the order to pay may extend into their adulthood. Additionally, if the child is of a certain age and self supporting or married the length of the child support order may be shortened.

Usually a wage withholding order is provided to the employer of the person ordered to pay support. Each pay period the ordered amount will be deducted from the parent’s salary amount and then disbursed by the respective states child support division.

Individuals who fail to pay the court ordered amount can be prosecuted and sent to jail. If an individual’s ability to pay for the needs of the child changes, they may request a modification to the original order. Filing for bankruptcy will not discharge an individual’s responsibility to pay child support.

The court proceedings involving a child support case can be complicated and stressful and the circumstances surrounding a support case aren’t always the most pleasant. An experienced family law attorney can help you make the best of the situation and find the solutions that work for everyone involved.

Keith Lea is a Houston child support attorney who has provided legal counsel for individuals seeking a child support order to provide for their child or children. Keith Lea strives to provide solutions that will protect the best interests of the involved children in a court ordered support matter. As a family law attorney he understands the difficulties that can arise when dealing with a case involving support for a child. For more information please visit our website: Houston child support attorney

Article Source: http://EzineArticles.com/?expert=Keith_Lea
http://EzineArticles.com/?A-Closer-Look-Into-Child-Support&id=6647286

 

 

Filed Under: Child Support Tagged With: ,

Child Custody Guidelines When Step Parenting

September 27, 2011 By Leave a Comment

By Abigail Vernon -

When step parenting, it’s important to take the child custody issues into consideration. Acknowledging and dealing with the custody situation can make step parenting easier. It can help parents relate better to the children, have more realistic expectations, and can help the step parent and the spouse have a better relationship. Here are some guidelines for how step parents should handle child custody.

The first general custody guideline is to not try to make the child’s other parent an enemy. It can be very easy for a step parent to see all of the ways that their spouse’s ex has been a problem. The new spouse may not understand why their spouse seems to always give in to the ex. If the new spouse is constantly nagging at their partner and demanding that things change regarding the custody, it can cause tension in the marriage. As hard as it may be, the new spouse should try to be understanding and work with their partner about the issues. It’s vital to listen to the explanations and offer constructive ways to help things change.

Along with working with the spouse about the ex, a step parent should never try to make the other parent an enemy to the children. The bonds between parents and children are strong and the children will not like hearing (especially from someone they consider outside the family) negative comments about their mom or dad. While it’s true that a step parent may see the shortcomings of the other parent regarding the children, they shouldn’t point those out or demean the parent. This will make the child resent the step parent and can inhibit the relationship.

In step parenting, the relationship between the new parent and the children takes time to develop. It’s best to just accept this and go with the flow. Don’t try to replace the other parent, and don’t take is personally if the children don’t respond to you immediately. Understand that the children may feel torn between the parents and they don’t want to be disloyal. Work with the kids to make them feel comfortable and familiar with you. You shouldn’t take any verbal abuse from them, or ill behavior, (and if this is happening you need to immediately talk to your spouse and work out a solution to the problem) but understand if they don’t always run to your arms to tell you the latest news.

These are some of the child custody guidelines that can help a step parent adjust to the new role. Of course, every situation is different so you need to be creative to think up answers to problems that come up. If you are constantly trying to make things work, the odds are that things will work out.

Find out more child custody guidelines that can help your case and discover how Custody X Change makes step parenting easier.

Article Source: http://EzineArticles.com/?expert=Abigail_Vernon
http://EzineArticles.com/?Child-Custody-Guidelines-When-Step-Parenting&id=2820290

 

 

Filed Under: Child Custody Tagged With: , ,

Celebrity and Minor Marriage

June 21, 2011 By

From the NY Daily News: Age ain’t nothing but a number – just ask 51-year-old actor Doug Hutchison. Hutchison, whose film and TV credits include “The Green Mile,” “Lost” and “24,” said “I do” to 16-year-old aspiring country star Courtney…

Filed Under: Family Court Tagged With: , , , , , , ,

Carbone & Cahn on Marital Satisfaction and Work Roles

June 21, 2011 By
June Carbone and Naomi Cahn posted a piece on marital satisfaction and workloads on HuffPost Women: A new study of newlyweds found that increases in workloads were associated with increases in marital satisfaction for both men and women. The researchers...
Filed Under: Family Court Tagged With: , , , , , , ,

Satirical or Too True?

June 21, 2011 By
From mcsweeneys.net (by Rachel Friedman, entitled "30 and Pregnant"): There were several people to break the news to, first and foremost my husband. We've only been married for four years, practically newlyweds! This wasn't part of the plan. "You're... pregnant?"...
Filed Under: Family Court Tagged With: , , , , , , ,

Redefining the Family

June 21, 2011 By
Interesting New York Times piece about the cohabitation of a mother, her child, the child's sperm donor, and his domestic partner: The setup is complicated. Griffin’s mother, Carol Einhorn, a fund-raiser for a nonprofit group, is 48 and single. She...
Filed Under: Family Court Tagged With: , , , , , , ,

Genderless

June 20, 2011 By
From parentcentral.ca: The neighbours know Witterick and her husband, David Stocker, are raising a genderless baby. But they don’t pretend to understand it. While there’s nothing ambiguous about Storm’s genitalia, they aren’t telling anyone whether their third child is a...
Filed Under: Family Court Tagged With: , , , , , , ,
« Older Posts