Child custody , conservator and guardian are legal terms that are sometimes used to describe the legal and practical relationship between parent and parent child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.
Caring issues usually arise in processes involving dissolution of marriage, as well as in paternity, cancellation, and other legal proceedings in which children are involved. In most jurisdictions, the issue in which the child's parent will live is determined according to the child's best standard of interest. In rare cases, custody may be granted to someone other than a parent, but only after the basic rights granted to the biological parent have been resolved or where the third party has a prescribed role that is appropriate to the parent's way. When the parents of a child are not married, it is important to establish paternity before parenting or child support issues can be determined by the court.
In the decades leading up to the 1970s, child custody prisoners were rare, and in many cases mothers of little children would receive custody. Since the 1970s, when prison laws have been made gender-neutral, cases of incarceration have increased as well as cases in which children are placed in the father's primary detention.
Family law processes involving residential and contact issues often result in the most violent disputes. In extreme cases, one parent may accuse another of attempting to "change" the child (ren) against him, accusing some form of emotional, physical, or even sexual abuse by another parent, the "housing" parent may interfere with parental contact or communications another with a child (ren), or a parent may expel a child from a jurisdiction in violation of a court order, thereby thwarting other parent's contact with children.
Following the ratification of the United Nations Convention on the Rights of the Child in most countries other than the United States (which have not ratified the Convention), terms such as "custody" and "access" (known as "visits" in the United States) have been replaced in many countries by the concept of " place of residence "and" contact ". Instead of parents having "custody" or "access" for a child, a child is now said to "stay" or have "contact" with parents. For a discussion of new international standards, see parental responsibilities.
Courts and legal professionals in the US may use terms such as "nurture time" instead of custody and visits. The goal of the newer alternative terminology is to eliminate the differences between custodial parents and parents without custody, and to focus more on the best interests of children by devising a schedule that meets the developmental needs of children. For example, young children may take shorter, more often with parents, whereas older children and teens can tolerate and may demand less frequent shifts, but longer time blocks with each parent.
Video Child custody laws in the United States
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New York
Where there are children of marriages living in the State of New York and under the age of 18, the demand for detainees is mandatory in the act of divorce. Whether parents divorced or separated only one parent can not ask the child to remain among the parents. Where children are outside the State of New York custody can not be determined, except in some respects with conditions. Custody may not be given to anyone other than father or mother, except in unusual circumstances requiring trial. In unusual circumstances, children may be placed with third parties such as grandparents or relatives. Children under the age of 18 should be supported by both parents insofar as they are capable of supporting children under the provisions of the Child Support Standards Act.
New Jersey
New Jersey courts require all parents divorced with young children to complete the Parent Education Program compulsory before granting a divorce according to the Parent Education Act. The Law, N.J.S.A 2A: 34-12.3 , enacted in 1999, was established to promote cooperation between the parties and to help resolve problems arising during the divorce process that could impact a child. However, the court will not refer parties to the program if the detention order has been issued in accordance with Domestic Violence Prevention or if one of the parties is in control of the contacts under criminal or civil law New Jersey or any other country.
Oregon
In the case of In re O'Donnell-Lamont (2004), the Oregon Supreme Court passed an Oregon law requiring the assumption that parents act in the best interests of the child to be fulfilled before applying the standard best interests of the child, placing both parties on the same footing. Likewise, the court upholds the established requirements which require that the relationship between parent and parent or long term personal relations exist between the child and the non-blood related intervenor under the concept of the basic right of the parent. The Court notes that the problem itself allows to intervene with the legitimate purpose of coming forward, and through the requirements of the law for the first time showing the relationship, the two denote the presumption, and ultimately assess the choice for the best interests of the child's standard, the basic right of parents are given Appropriate Process Requirements under 14 Amendments Due to Clause Process.
Texas
In the State of Texas, instead of using the term custody , the parent granted custody by the court is considered a "conservator". The conservatory is divided into two categories, a "conservator manager" and "owner conservator".
- The first time the court has to make a decision about the conservatory, the court may consider that both parents should be the Joint Implementing Consultant. When joint conservatory management is provided, the parties or judges must decide how to share rights and obligations, written in the decision letter.
- However, the court may choose "Sole Managing Conservator" with one or more "Conservator Possessory". Thus, the Judge may consider the history of domestic violence, or whether the parent has little previous contact or contact with the child when considering restrictions on rights and property. Conservatory ownership can be virtually eliminated from decision-making processes regarding health, education and welfare. The sole manager conservator is solely responsible for a child, making all important decisions regarding health (both mental and physical), education, and moral or religious education.
Conservatory orders share the rights and obligations of parents, including
- (1) the right to make big decisions about children;
- (2) the right to have a physical child; and
- (3) the task of financially supporting children among parents after divorce.
The following laws govern the conservator's ownership and management:
Family Code Ã,§ 153.005. Appointment of Single or Shared Conservator:
In the lawsuit, the court may appoint a single manager conservator or may appoint a co-manager conservator. If the parent or will be separated, the court must appoint at least one conservator manager.
An executing conservator must be a competent parent, competent adult, authorized agent, or licensed placement agency.
Family Code Ã,§ 153.006. Appointment of Possessory Conservator:
If the executor of the conservator is appointed, the court may appoint one or more conservator holdings.
Courts should specify the rights and obligations of a person designated as conservator. The court must establish and express expressly in the order of time and conditions to have or access to the child, unless a party indicates a good reason why a particular order will not be in the child's best interest.
Maps Child custody laws in the United States
Federal law
In Troxel v. Granville (2000), the US Supreme Court affirmed that biological parents hold the fundamental right to choose how to raise their children as they see fit.
Military parent and child custody
In the 21st century, a new legal entity case for custody of children in military families flourished because of the more frequent spreading of mothers and fathers in active duty, as well as dual career military pairs.
See also
- Bergeron v. Bergeron
- Child abduction
- Child advocacy
- Child support
- Divorce
- Family law
- Dad's rights
- Male rights
- Parenting plans
- Parental Alienation Syndrome
- Paternity
- Parenting shared
References
External links
- MassLegalHelp.org Explains Massachusetts's civil law in everyday language.
- The Hague Convention on the Civil Aspect of Kidnapping of International Children
- LII - US legal sources about Child Care
Source of the article : Wikipedia
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