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Third-party Custody
In some custody situations, it is possible that the child/children will not remain with either of their natural, biological, parents, but instead custody is awarded to a third person Generally speaking, third-party custody occurs when one of two options occur:. *The biological parents do not want custody of the child/children. *The biological parents are incapable of caring for the child/children. Voluntary relinquishment Occasionally, parents will agree to allow an adult (who is not either of the two parents) to raise their child/children. Generally, if either parent changes his/her mind later in the child's life, he/she has the option to seek custody at that point. Unfit parents Custody may be awarded to a third adult (who is not either of the two parents) because the parents both seemed unfit to do so. Reasons that the court would retain authority over the child/children and later award custody to a third adult include: *Child abuse/neglect. *Substance abuse. *Deliberate deser ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries, divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation / access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person. Divorce is different from annulment, which declares the marriage null and void, with legal separation or ''de jure'' separation (a legal process by which a married couple may formalize a ''de facto' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Family Law
Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage, civil unions, and domestic partnerships: ** Entry into legally recognized spousal and domestic relationships ** The termination of legally recognized family relationships and ancillary matters, including divorce, annulment, property settlements, alimony, child custody and visitation, child support and alimony awards ** Prenuptial and Postnuptial agreements * Adoption: proceedings to adopt a child and, in some cases, an adult. * Surrogacy: the law and process of giving birth as a surrogate mother * Child protective proceedings: court proceedings that may result from state intervention in cases of child abuse and child neglect * Juvenile law: Matters relating to minors including status offenses, delinquency, emancipation and juven ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Family Court
Family courts were originally created to be a Court of Equity convened to decide matters and make orders in relation to family law, including custody of children, and could disregard certain legal requirements as long as the petitioner/plaintiff came into court with “ clean hands” and the request was reasonable, “ quantum meruit”. Changes in laws and rules have made this distinction superfluous. Family courts hear all cases that relate to familial and domestic relationships. Each US state and each country has a different system utilized to address family law cases including decisions regarding divorce cases. In the United States Family courts were first established in the United States starting in the late 1910s at the behest of probation officers invested in the success of specialized domestic relations courts. Members of the National Probation Association (NPA) advanced the idea that "combining criminal nonsupport, juvenile delinquency, and divorce into a unified ' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Custody
A legal guardian is a person who has been appointed by a court or otherwise has the legal authority (and the corresponding duty) to make decisions relevant to the personal and property interests of another person who is deemed incompetent, called a ward. For example, a legal guardian might be granted the authority to make decisions regarding a ward’s housing or medical care or manage the ward’s finances. Guardianship is most appropriate when an alleged ward is functionally incapacitated, meaning they have a lagging skill critical to performing certain tasks, such as making important life decisions. Guardianship intends to serve as a safeguard to protect the ward. Anyone can petition for a guardianship hearing if they believe another individual cannot make rational decisions on their own behalf. In a guardianship hearing, a judge ultimately decides whether guardianship is appropriate and, if so, will appoint a guardian. Guardians are typically used in four situations: guardian ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parens Patriae
''Parens patriae'' is Latin for "parent of the nation" (lit., "parent of one's country"). In law, it refers to the public policy power of the state to intervene against an abusive or negligent parent, legal guardian, or informal caretaker, and to act as the parent of any child, individual or animal who is in need of protection. For example, some children, incapacitated individuals, and disabled individuals lack parents who are able and willing to render adequate care, thus requiring state intervention. In U.S. litigation, ''parens patriae'' can be invoked by the state to create its standing to sue; the state declares itself to be suing on behalf of its people. For example, the Hart-Scott-Rodino Antitrust Improvement Act of 197615 USC 15c, through Section 4C of the Clayton Act, permits state attorneys general to bring ''parens patriae'' suits on behalf of those injured by violations of the Sherman Antitrust Act. Discussion ''Parens patriae'' relates to a notion initially invoked ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parenting Plan
A parenting plan is a child custody plan that is negotiated by parents, and which may be included in a marital separation agreement or final decree of divorce. Especially when a separation is acrimonious to begin with, specific agreements about who will discharge these responsibilities and when and how they are to be discharged can reduce the need for litigation. Avoiding litigation spares parties not only the financial and emotional costs of litigation but the uncertainty of how favorable or unfavorable a court's after-the-fact decision will be. Moreover, the agreement itself can authorize the employment of dispute-resolution methods, such as arbitration and mediation, that may be less costly than litigation. Drafting a parenting plan A well-drafted parenting plan addresses both the custodial rights and responsibilities of parents who share custody of a minor child or children, and the logistical and other procedures for carrying out its substantive requirements. Parents can ag ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Physical Custody
Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the right to make decisions about the child, and ''physical custody'', which is the right and duty to house, provide and care for the child. Married parents normally have joint legal and physical custody of their children. Decisions about child custody typically arise in proceedings involving divorce, annulment, separation, adoption or parental death. In most jurisdictions child custody is determined in accordance with the best interests of the child standard. Following ratification of the United Nations Convention on the Rights of the Child in most countries, terms such as parental responsibility, "residence" and "contact" (also known as "visitation", "conservatorship" or "parenting time" in the United States) have superseded the concepts of " ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Shared Parenting
Shared parenting, shared residence, joint residence, shared custody, joint physical custody, equal parenting time (EPT) is a child custody arrangement after divorce or separation, in which both parents share the responsibility of raising their child(ren), with equal or close to equal parenting time. A regime of shared parenting is based on the idea that children have the right to and benefit from a close relationship with both their parents, and that no child should be separated from a parent. The term ''Shared Parenting'' is applied in cases of divorce, separation or when parents do not live together; in contrast, a shared earning/shared parenting marriage is a marriage where the partners choose to share the work of child-raising, earning money, house chores and recreation time in nearly equal fashion across all four domains. ''Shared parenting'' is different from split custody, where some children live primarily with their mother while one or more of their siblings live pri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ward Of The State
In law, a ward is a minor or incapacitated adult placed under the protection of a legal guardian or government entity, such as a court. Such a person may be referenced as a "ward of the court". Overview The wardship jurisdiction is an ancient jurisdiction derived from the British Crown's duty as ''parens patriae'' ("parent of the nation") to protect his or her subjects, and particularly those unable to look after themselves. In the United Kingdom and other Commonwealth realms, the Monarch as ''parens patriae'' is parent for all the children in their realms, who, if a judge so determines, can become wards of court. However, the House of Lords, in the case of ''Re F (Mental Patient: Sterilisation)'', held that the Queen has no ''parens patriae'' jurisdiction with regard to mentally disabled adults. A court may take responsibility for the legal protection of an incapacitated person as well a minor, and the ward is known as a ward of the court or a ward of the state. In Australia, N ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Child Custody
Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the right to make decisions about the child, and ''physical custody'', which is the right and duty to house, provide and care for the child. Married parents normally have joint legal and physical custody of their children. Decisions about child custody typically arise in proceedings involving divorce, annulment, separation, adoption or parental death. In most jurisdictions child custody is determined in accordance with the best interests of the child standard. Following ratification of the United Nations Convention on the Rights of the Child in most countries, terms such as parental responsibility, "residence" and " contact" (also known as "visitation", "conservatorship" or "parenting time" in the United States) have superseded the concepts of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Juvenile Law
Juvenile law pertains to those who are deemed to be below the age of majority, which varies by country and culture. Usually, minors are treated differently under the law. However, even minors may be prosecuted as adults. Juvenile law by country In both France and the United States, some actions are prohibited to minors, such as the underage consumption of alcohol or tobacco, truancy, running away from home, and ungovernability. A minor can thus become a status offender. United States In the United States, the juvenile varies in definition from state to state. The system applies to anyone between the ages of 6 to 10, depending on the state, and 18; except for 11 states (including Georgia, Illinois, Louisiana, Massachusetts, Michigan, Missouri, South Carolina, and Texas), where a juvenile is a person under 17 and New York and North Carolina, where it is under 15. Thus, criminal majority begins at 16, 17, or 18. The federal Juvenile Justice and Delinquency Act of 1974 set up fou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marriage
Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between them and their in-laws. It is considered a cultural universal, but the definition of marriage varies between cultures and religions, and over time. Typically, it is an institution in which interpersonal relationships, usually sexual, are acknowledged or sanctioned. In some cultures, marriage is recommended or considered to be compulsory before pursuing any sexual activity. A marriage ceremony is called a wedding. Individuals may marry for several reasons, including legal, social, libidinal, emotional, financial, spiritual, and religious purposes. Whom they marry may be influenced by gender, socially determined rules of incest, prescriptive marriage rules, parental choice, and individual desire. In some areas of the world, arrang ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
