Boy or girl Custody of the children - - PowerPoint PPT Presentation

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Boy or girl Custody of the children -

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Family attorney NYC – PowerPoint PPT presentation

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Title: Boy or girl Custody of the children -


1
Boy or girl Custody of the children - Shared
Child custody as well as Welfare of an Baby
Ordinary
  • On the very best appeal of one's boy or girl" or
    simply "kid's welfare" is definitely the
    prominent mantra of a a family trial, that is
    definitely frequent inside custody settlements
    now, nonetheless a interpretation just by a
    family trial and also all judges is oftentimes
    arbitrary and the indicating will be unknown.
    Moreover, the law regarding child custody varies
    from state to state leaving no uniform legal
    position regarding what is in the best interest
    of the child. Some states have a preference and
    presumption towards joint custody while others do
    not. Some states are amending its law to adopt a
    preference and presumption for joint custody
    while others are amending its law to allow joint
    custody only when the parents agree to it.
  • Like most states the standard for child custody
    determination in California is the overall best
    interest of the child such that it assures the
    "health, safety, and welfare" of the child and
    "frequent and continuing contact" with both
    parents. However, California does not establish a
    preference or a presumption for or against joint
    custody or custody to one parent and therefore
    leaves the parenting plan decision up to the
    discretion of the family court or a judge.

2
  • In 1979, California adopted a presumption for
    joint custody, but later amended the law in 1994
    to allow joint custody only when the parents
    agreed to it.

3
  • Regardless of each states position for or against
    a presumption or preference in favor of joint
    custody and whether or not it has been
    specifically authorized, overall there appears to
    be a growing trend in favor of joint custody and
    more and more bills being introduced to adopt a
    presumption for joint custody being in the best
    interest of the child unless certain
    circumstances apply, such as convincing evidence
    that a parent is unfit or it would not be in the
    best interest of the child to award joint
    custody.
  • If you are involved in a child custody dispute,
    whether it is the initial child custody
    determination or a child custody modification,
    you would be wise to consult a Family attorney
    NYC in your jurisdiction to help you learn what
    the law and standard for custody determinations
    is in your area and how it applies to your
    specific situation.
  • Further you will want to learn what factors the
    court will consider in determining the best
    interest of the child so you are fully aware of
    your child custody rights and responsibilities.
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