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These advocates include non-custodial mothers and fathers; grandparents, step-parents and other family members of non-custodial parents; [36] children's rights advocates; [37] family court reform advocates who see sole custody as a disruptive practice pitting one parent against the other; [38] mental health professionals who consider joint ...
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 ...
Granville, 530 U.S. 57 (2000), held that "the interest of parents in the care, custody and control of their children is perhaps the oldest of the fundamental liberty interests recognized by this Court." This includes parents' fundamental right to make decisions concerning the care, custody, and control of their children, see, e. g., Stanley v.
It changed a lot of language around child custody law that, among other things: removed the need for the court to consider the wish of the parents or children under suitable age and maturity, required the court consider if one parent intentionally mislead the court or delayed the process, encouraged the court to produce parenting plans that ...
It said that a parent in a legal custody proceeding in juvenile court (who still has legal rights but not physical control of the child, as in K.G.’s case), does not have the same legal ...
If the biological parent does not give up their parental rights and custody of the child, the other parent's subsequent marriage cannot create a parental relationship without the biological parent's written consent before a "child" reaches adulthood. In most cases, the stepparent can not be ordered to pay child support. [11]
The UCCJEA vests "exclusive [and] continuing jurisdiction" for child custody litigation in the courts 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).
Legal custody involves the division of rights between the parents to make important life decisions relating to their minor children. Such decisions may include choice of a child's school, physician, medical treatments, orthodontic treatment, counseling, psychotherapy and religion.