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Non-custodial Parent
A noncustodial parent is a parent who does not have physical custody of his or her minor child as the result of a court order. When the child lives with only one parent, in a sole custody arrangement, then the parent with which the child lives is the ''custodial parent'' while the other parent is the ''non-custodial parent''. The non-custodial parent may have contact or visitation rights. In a shared parenting arrangement, where the child lives an equal or approximately equal amount of time with the mother and father, both are custodial parents and neither is a non-custodial parent. A "child-custody determination" is a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. A custody determination can be made through a permanent or temporary order, or as part of an initial custody determination or later modification of a prior custody order. A custody determination may be made at the same time as an ...
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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residence" and " contact" (also known as "visitation", "conservatorship" or "parenting time" in the United States) have superseded the conce ...
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Parental Alienation
Parental alienation is a theorized process through which a child becomes estranged from one parent as the result of the psychological manipulation of another parent. The child's estrangement may manifest itself as fear, disrespect or hostility toward the distant parent, and may extend to additional relatives or parties. The child's estrangement is disproportionate to any acts or conduct attributable to the alienated parent. Parental alienation can occur in any family unit, but is claimed to occur most often within the context of family separation, particularly when legal proceedings are involved, although the participation of professionals such as lawyers, judges and psychologists may also contribute to conflict. Proponents of the concept of parental alienation assert that it is primarily motivated by one parent's desire to exclude the other parent from their child's life. Some assert that parental alienation should be diagnosable in children as a mental disorder. Some propose that ...
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Uniform Child Custody Jurisdiction And Enforcement Act
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a Uniform Act drafted by the National Conference of Commissioners on Uniform State Laws in 1997. The UCCJEA has since been adopted by 49 U.S. States, the District of Columbia, Guam, Puerto Rico and the U.S. Virgin Islands. , the only state that has not adopted the UCCJEA is Massachusetts. Determination of jurisdiction The UCCJEA vests "exclusive ndcontinuing jurisdiction" for child custody litigation in the court A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, an ...s of the child's "home state," which is defined as the state where the child has lived with a parent for six consecutive months before the commencement of the proceeding (or since birth for children younger than six months). If the child has not lived ...
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Child Custody Laws In The United States
Child custody, conservatorship and guardianship describe the legal and practical relationship between a parent and the parent's child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child. Custody issues typically arise in proceedings involving divorce, as well as in paternity, annulment, and other legal proceedings in which children are involved. In most jurisdictions the issue of with which parent the child will reside is determined in accordance the best interests of the child standard. In rare cases custody may be awarded to somebody other than a parent, but only after the fundamental right afforded to biological parent's has been overcome or where the third party has an established role that is in the manner of a parent. When a child's parents are not married it is necessary to establish paternity before issues of child custody or support may be determined by a court. Family law proceedings that involve issues of custod ...
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Bradley Amendment
In United States law, the Bradley Amendment () is an amendment intended to improve the effectiveness of child support enforcement. It is named after Senator Bill Bradley, who introduced it. The Bradley Amendment requires state courts to prohibit retroactive reduction of child support obligations. Specifically, it automatically triggers a non-expiring lien whenever child support becomes past-due; overrides any state's statute of limitations; disallows any judicial discretion, even from bankruptcy judges; and requires that the payment amounts be maintained without regard for the physical capability of the person owing child support (the ''obligor'') to promptly document changed circumstances or regard for his awareness of the need to make the notification. History Authors Kathryn Edin and Timothy J. Nelson attribute the Bradley Amendment's origin to a January 1986 CBS News special report, '' The Vanishing Family: Crisis in Black America'', hosted by Bill Moyers. Edin and Nelson no ...
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Fathers' Rights Movement In The USA
The fathers' rights movement in the United States is a group that provides fathers with education, support and advocacy on family law issues of child custody, access, child support, domestic violence and child abuse. Members protest what they see as evidence of gender bias against fathers in the branches and departments of various governments, including the family courts. The movement traces its roots to divorce and alimony controversies in the 1960s. Today, the modern fathers' rights movement generally focuses on issues regarding shared parenting while providing support and public awareness for fathers and children after a divorce or separation. Different fathers' rights organizations may also advocate for non-married fathers' rights through lobbying efforts or news media outlets. Other advocacy topics include gender bias, both culturally and from within the legal system, visitation, adoption, maternal gatekeeping and parental alienation. History The modern fathers’ rights ...
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Elk Grove Unified School District V
The elk (: ''elk'' or ''elks''; ''Cervus canadensis'') or wapiti, is the second largest species within the deer family, Cervidae, and one of the largest terrestrial mammals in its native range of North America and Central and East Asia. The word "elk" originally referred to the European variety of the moose, ''Alces alces'', but was transferred to ''Cervus canadensis'' by North American colonists. The name "wapiti" is derived from a Shawnee and Cree word meaning "white rump", after the distinctive light fur around the tail region which the animals may fluff-up or raise to signal their agitation or distress to one another, when fleeing perceived threats, or among males courting females and sparring for dominance. A similar trait is seen in other artiodactyl species, like the bighorn sheep, pronghorn and the white-tailed deer, to varying degrees. Elk dwell in open forest and forest-edge habitats, grazing on grasses and sedges and browsing higher-growing plants, leaves, twigs ...
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Supervised Visitation
Supervised visitation allows parents in high conflict or high risk situations access to their children in a safe and supervised environment. The noncustodial parent has access to the child only when supervised by another adult. Supervised visitation is used to protect children from potentially dangerous situations while allowing parental access and providing support for the parent child relationship. Legal status Most countries recognize a parent's right to children, called visitation, residence, or contact. Most courts, including American and European, will allow the parent who does not have primary custody (the noncustodial parent) to have specified visitation and access to the child. In America the parents must establish a parenting plan setting out specific details. If the parents are not able to agree, the court may order specific possession and access or may appoint a parenting coordinator to assist the parents. The United States recognizes that parents have a c ...
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Sole 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 conce ...
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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 prima ...
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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 ...
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Parenting Coordinator
A parenting coordinator (PC) is a court-appointed professional psychologist or lawyer who manages ongoing issues in high-conflict child custody and visitation cases. As of May 2011, ten U.S. states had passed legislation regarding parenting coordinators: Colorado (since 2005), Idaho (2002), Louisiana (2007), New Hampshire (2009), North Carolina (2005), Oklahoma (2001), Oregon (2002), Texas (2005), and Florida (2009). Later approvals include Massachusetts (2017). Concepts The Parenting Coordinators are usually of two types: licensed professionals in a mental health or pastoral field of counseling, or attorneys who are in good standing with their state's Bar Association. The parenting coordinator usually meets with both parties regularly, receives day-to-day questions and complaints about any aspect of a party's conduct, and makes recommendations to the parties. These recommendations effectively become obligatory for parents to follow because the Parental Coordinator can later testi ...
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