Custody refers to the right to make major decisions about your child/ren. Where one parent has sole custody, that parent alone makes all major decisions about the child. Where the parents have joint custody, the parents are to make decisions about the child/ren together. Custody is different from residence. Residence refers to with whom the child/ren …
Read MoreBe sure to speak with your divorce lawyer as soon as possible to ensure that the best interests of your child/ren are addressed and that your rights are protected. Custody refers to the right to make major decisions about your child/ren. When one parent has sole custody, that parent alone makes all major decisions about the …
Read MoreIn making an order on custody and access, the court will look at what is in the best interest of the child(ren). The conditions, means and needs of the children are all taken into account in making this order. The factors a court will consider are: Love, affection and emotional ties between those people claiming …
Read MoreA separation agreement can be registered with the court. The benefit of this is that its terms can then be enforced by the court. In this way, custody arrangements agreed to in a separation agreement can be enforced. This is also beneficial for support provisions. Child support, for example, can then be referred to the …
Read MoreWritten agreements are important for custody arrangements. Of the many issues in family law, child custody is perhaps the most emotionally charged. For this reason, it can also become the most expensive sort of litigation that might result from your separation. In most cases, however, couples are able to compromise on custody without forcing this …
Read MoreIt is possible that a judge order no access but this is extremely rare. If the judge is persuaded, however, that a child may come to some harm or danger if access is not monitored, the judge can order that visitation be supervised. Supervised visitation sometimes occur in the visiting parent’s home. The supervisor in …
Read MoreA judge, not a jury, decides a family law case if it goes to trial.
Read MoreAccess is a non-custodial parent’s right to spend time with their child and the child’s right to spend time with that parent. A parent who has access also has the right to receive information about a child’s health, education, and welfare. The parent with access, however, does not have a right to make decisions about …
Read MoreSince custody disputes can take a long time to go through court, it is important to decide with whom children will reside during the process. If you and your spouse cannot agree about where the child will live, you can ask the court to make a temporary order. The temporary order can set out the …
Read MoreThe best chance for a child to get their choice of who to live with is if the parents can come to a mutual agreement in which the child’s wishes are adhered to.The child does not necessarily get to decide where s/he lives, if either you or your spouse disagrees strongly enough with your child’s …
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