Articles
What Makes Physical Custody and Legal Guardianship Different
May 19, 2011
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Physical custody and legal guardianship are completely different issues. There are more powers with physical custody than there are with legal guardianship. In order to know what you wish to ask for when it comes to your children, you should know the difference between the two so that you get the results you are seeking.
Here is the difference between physical custody and legal guardianship:
Physical CustodyPhysical custody means that you have full rights where the child is concerned. You make all decisions about that child without interference. It allows you to raise the child in the way that you see fit and no one can take that child away from you. If you have physical custody of the child, you will not have to fight any further to make sure that you are the child’s main source of provision. You will take care of the child’s needs completely. That doesn’t mean you can’t get child support, it just means that you are the main provider for the child and are expected to act accordingly. Physical custody is more permanent than legal guardianship. Unless someone can prove you unfit as a parenting figure in the child’s life, you will remain the person with physical custody. Physical custody is often divided between parents. It is dependent on the time that the children are supposed to spend with each child. If the other parent tries to keep the child away from you during your time, you have legal recourse to get the child back into your custody. Physical custody is usually reserved for the parents of the child and is a legally binding order of the court.
Legal GuardianshipLegal guardianship is given to people who have care of a child during a certain time in their lives. It can be granted during the process of adoption or for other reasons the child might be in that persons care. It is normally another family member that has taken over the care of the child or possibly in the case of foster care. Legal guardianship is given so that the person who is currently providing for the child can provide the necessities of the child until a final solution has been reached. The guardian will be able to get medical insurance for the child, for instance. It makes it much easier for the person who is caring for the child to do what needs to be done. There may be restrictions on legal guardianship though. The guardian usually makes the decisions for the child until a final resolution is made. Legal guardianship is rarely continuing. It is a temporary order that can be taken away at anytime.These are the basic differences between physical custody and legal guardianship. It is important to note that if you have legal guardianship, you should take steps to make the situation more permanent for the child. That could be getting the child back to the parents home or through adoption. Children need a stable home and legal guardianship does not provide that, only the permanent solution does.
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CHILD CUSTODY AGREEMENTS
May 19, 2011
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A well drafted child custody agreement should provide stability for the children and flexibility for the parents. While the parents may want to spend as much time with the children as possible, or even equally share time with the children, the need for children to be stable should be of paramount concern.
In all visitation or custodial schedules, flexibility is a key ingredient. During the year “special events” will occur for both parents that they wish to attend with the children. Parents must agree that it will be allowable for the children to attend a “special event” regardless of the regularly scheduled visitation.
Your children will now be sharing two different households with two distinct parenting styles and household rules. It is ideal if the parents maintain, as much as possible, similar rules for the children.
In reality though, there will be glaring differences between the two households. This will take a considerable adjustment on the part of the children. Your childrens adjustment will be helped by both time, and by the attitudes and behavior of both parents.
Whatever your circumstances, if the children are your primary concern than it is possible to work out an amicable relationship with the other parent. Always keep in mind your childrens best interests. Be flexible and considerate of each other. Communicate concerning the children. Take time to be prepared for the weeks schedule and develop a routine for yourselves and you children.
It is always the responsibility of both parents to help develop a meaningful, loving and healthy relationship with each parent. Your children will benefit immensely when both parents maintain a working relationship as it concerns the children.
Click for more information on Divorce.
Becky L. Caruso and Lauren S. Cohen are attorneys practicing in Central New York. Together they have over 19 years experience in all matters of DIVORCE, CHILD CUSTODY, and CHILD SUPPORT
Article from articlesbase.com
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Fathers Rights When It Comes To A Divorce Proceeding
May 19, 2011
Part 1 of the speech given my Minister Smith on equal parenting and CPS abuse by the family court.
Video Rating: 5 / 5
Article by Lisa
Many decades ago the father figure of a family had much to worry about if a divorce was in the works.
Arranging child support payments to his spouse was just the beginning to the chaos.
In addition, the father had to resign himself to being the “weekends only” dad who didn’t see his children nearly as often as he would have preferred, as the family law courts would most certainly not deviate from the common practice of placing the children with their mother and giving visitation rights to their father.
Because of the manner in which child custody has been dealt with in previous years, it is thus very easy to get caught up in the view that fathers have fewer rights than mothers when it comes to a divorce proceeding.
Yet in today’s world of family law, the courts only care about what is in the best interests of the minor children when it comes to custody and visitation schedules.
Therefore if it is decided by the family judge that the father has a more stable household than the mother (for whatever the reason), he will be rewarded with primary physical custody where his children will spend a majority of their time with him – a detail which rules out the idea that fathers have limited rights when it comes to a divorce.
Despite the fact that it is usually the father giving the mother support payments in a great majority of divorce cases, there are also plenty of instances where it is the other way around and it is the mother who is responsible for the child support and spousal support disbursement to the father.
And because it is the family law court that has ordered the mother to be paying the father a fixed sum for child support, spousal support, or both, this further proves that the party who’s required to make payments is not determined by gender, but rather by the financial circumstances of each spouse.
Contrary to popular belief, not every divorce involving children includes an order for one parent to provide monetary support to the other.
What kind of divorce situation would pave the way for both spouses to remain self sufficient?
If each parent spends fifty percent of the time with the minor children, and if both spouses gross the same amount of income per month, there is no reason for a family law judge to make child support or spousal support payments a part of the overall divorce proceeding.
As can be seen from the above examples, fathers do indeed have rights when it comes to a divorce, rights that just happen to equal the mother’s in the eyes of the court.
About the Author
The Law Office of David C. Stone, an Orange County divorce lawyer, is a family law firm dedicated to father’s rights. As a California divorce attorney, you will find dedication to keeping your father’s rights, child custody and support, and the interests of your child first.
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Understanding child custody types
May 19, 2011
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You can file child custody pro se, that is without an attorney representation or hire a lawyer. In any event it is always in the best interest to educate yourself about the child custody process and child custody rules. Filing for child custody pro se is a viable alternative to paying costly legal fees but requires research and knowledge of the subject matter.
Custody issues are confusing because the laws and the language used vary from state to state. In most states, the courts will award joint legal custody so that both parents can retain their legal rights as far as any decisions made about or for their child. It is highly recommended to research state laws concerning child custody for a better understanding of what to expect. You should also check the steps for filing child custody and factors affecting custody of children before filing custody based on the factors affecting custody of children.
Child custody arrangements are one of the most important issues to arise during a divorce. A better understanding of child custody types can help parents deal with the custody decision more effectively.
The child custody types are listed and explained in simple terms below:
Legal Custody: When a parent has legal custody of the child, then that parent has the right to make long term major decisions regarding the needs of the child. Like, the decisions regarding education, medical care and religion.
Physical Custody: When a parent has physical custody of the child, then that parent has right to make decisions regarding where the child will live or stay physically. Like, the child lives with one parent with only visitation to with the other parent.
Sole Custody or Full Custody: When a parent has sole custody of the child, then that parent alone has both legal and physical custody of the child. The other parent has absolutely no rights.
Joint Custody or Shared Custody: When parents have joint or shared custody of the child, both parents are mutually responsible for the care and decision making related to the child.
Sole Legal Custody: When a parent has sole legal custody of the child, then that parent is the only person who has the complete legal authority to make long term major decisions on behalf of the child. Such decisions would mostly be, Medical decisions in case of emergency and non-emergency
Educational decision like choice of school, type of education, etc.
Religious decisions like what religion child follows, church attendance, etc.
Joint Legal Custody: When parents have joint legal custody of the child, then both parents have the legal authority to make major decisions regarding their children. Parents must reach an agreement about all major decisions and if they cannot, they must ask the court to intervene. Parents can potentially share joint legal custody even if one parent has physical custody.
Sole Physical Custody: When a parent has sole physical custody of the child, then the child physically lives with that parent and visits the other parent. Though the child does not live with the other parent, the amount of visitation time is generous enough. Also, the parenting time allowed will vary with each family depending on such issues as work schedules, distance, abuse problems and/or schooling.
Joint Physical Custody: When parents have joint physical custody of the child, then the child have two residences and spend an approximately equal amount of time with each parent. This form of child custody is also called Shared Custody, or Shared Parenting. In this situation, parents mutually decide what part of the year children will live with one parent and live with the other parent during the remaining time.
Temporary Child Custody: It is extremely important to understand Temporary custody as it almost always ends up becoming a permanent custody. Temporary child custody is the custody of children awarded for a temporary period of time like during the time the divorce litigation is going on. It is common for the court to award or grant one parent temporary custody of the children until the permanent custody decision is made or divorce is finalized. Not only it can influence your permanent custody order but also give you some recourse if the other parent doesn’t comply with an agreed upon custody arrangement.
Partial Custody: Partial Custody is an intermediate between sole physical custody and joint physical custody. Partial custody allows the non-custodial parent to have the child live with him/her for a certain period of time while the custodial parent has the child for the most period of time.
Split Custody: Split custody is when the custody decision involves division of more than one child between both parents. Split child custody is often not preferred by the courts but there are times when it makes sense to spilt custody. In split custody each parent has custody of at least one child.
Bird’s Nest Custody: This form of custody is a combination of the joint or shared sole and physical custody. In this case, a custody agreement could be designed wherein the child has one primary residence and each parent lives there with the child on a regular rotating basis as per the decided schedule. These special arrangements can be mutually decided or ordered by a judge if one or both parents requests it and the court is in agreement that it best serves the child’s interests.
It’s my pleasure to share the knowledge acquired based on my experiences. Ask legal questions and get free answers, search legal documents, discover more helpful legal articles and much more at ProSeAnswer.com.
Article from articlesbase.com
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Explor Grandparents Rights For Grandparents Custody Or Adoption – Understand the Difference
May 19, 2011
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Video Rating: 5 / 5
Article by Jacquelyn Dunn
There are many reasons and circumstances where a grandparent may feel the need to investigate grandparent’s rights over their grandchildren. With high divorce rates, teen pregnancy issues, drug problems, abandonment, abuse and sometimes the death of a parent or parents, many grandparents feel the need to step up and help out. Grandparent’s rights can be tricky, though, and often it’s hard to know where to start or get help.
Sometimes the parent or parents of the child are in agreement and believe that the child should be placed in the grandparent’s care. However, without a formal court order it can be hard for the grandparent to approve medical care or even sign the child up for school. Not to mention that without a legal document, the parent can come back at any time to claim the child. There are not any automatic laws that give grandparents rights to the grandchild. It is in everyone’s best interest to get a court order if the grandparent is to raise the child.
Grandparent’s custody is awarded by the Juvenile and Domestic Relations Court and has to be petitioned for. If the parent or parents are in agreement, then it can just be a matter of paperwork. If there is not an agreement, then the grandparent will have to prove that it is in the best interest of the child for them to be removed from the custody of the parent and placed in the grandparent’s custody.
If there is a suspicion of neglect or abuse, then this needs to be reported to the Department of Social Services in your area. (It may also be referred to as the Children Youth and Family Division or something similar) This kind of reporting and subsequent investigation by the Social Services department is the kind of record and documentation that will help. Any other issues will also need to be documented for use as proof in a court hearing that the child should be in the grandparent’s custody and not with the parents.
Courts will also take a look at the age, health and the ability of the grandparents to care for the child or children. For grandparents as parents health is more of a concern than age, but the court does not take custody issues lightly and will look at different factors. They will also take the length of time that the children have already been living with the grandparent into consideration. If it has been for quite a long time, then the grandparent’s rights have more weight and it is unlikely that the court would deny custody.
Custody is not like adoption, however, and the legal ties of a parent are not really severed with a custody order as they are in an adoption. Custody can be awarded to grandparents and then the order can be reversed at a later time when circumstances improve or change. Grandparent’s rights are best represented by legal counsel and it is best to hire an attorney that can help present the case in court. While there is information and legal forms available to help, if the grandparent can get a personal attorney that is the best course of action.The number of Grandparents as parents are growing everyday.
About the Author
My goal is to educate grandparents of their rights to have visitation with their grandchildren. I believe grandparents everywhere need to know what their grandparents rights are, especially if it becomes necessary to gain custody of the grandchildren. There are 4 important tips that will help make a fight for grandparent’s custody much easier.Jacquelyn Dunnhttp://www.newgrandparentsrights.com
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