Battles over child custody are usually the most emotionally charged phases of every divorce process. As each parent often insists on having to spend as much time with their children as possible, they tend to forget what arrangement is actually in the best interest for children. Furthermore, if the parents are already in very bad relations, their personal disputes can reflex on the subjects involving kids, leading to the atmosphere that emotionally disturbs parents and children. At this point of process, family law court and judges have to interfere and guide the procedure toward peaceful resolving.
Family laws regarding child custody vary depending on the state, but major types include: physical, legal, joint, primary and sole custody.
Physical custody determines where the child is going to live and who gets to take care of a child on a daily bases. Legal custody refers to the parent responsible for making decisions about all the matters in child’s life, such as education and healthcare.
Joint custody allows both parents to equally take part in raising their child and guiding his life, in both physical and legal manner.
Primary custody means that one parent, chosen by the court, gets to be with a child over 60 percent of the time per year and the other one gets defined visitation or parenting time.
Sole custody is a form of child custody when family law court awards custody to only one parent, due to the fact that the other one is not capable, doesn’t want to or isn’t reliable enough to take care of a child. The excluded parent gets highly limited visitation time or no visitations at all. If you want to know more about Fresno Injury lawyer please visit our page.
There are many facets family law judge considers when determining what’s in the best interest of a child. These aspects include ability, profile and economic status of each parent, child’s wishes, criminal record of parents, the nature of the dispute between parents, the environment child would live in with each parent and many other factors.
If sometimes in the future circumstances change significantly, the family court may alter this decision, but it is in the best interest of a child not to do this frequently, because the children have a high need for stability.
Domestic violence laws are broad field within family laws dealing with one of the most serious legal problems nowadays.
The term refers to any kind of abuser’s behavior that causes emotional or physical harm to the family, relatives, partners or any other people who cohabitate with an abuser. It includes physical and emotional violence, financial abuse, isolation or intimidation of the victims and the threats. The most common victims of the domestic violence are women and children. Domestic violence laws include civil methods of protections of the victims.
Domestic violence is a crime in every state, though these specific areas of the family laws vary from state to state. The cases of the domestic violence can be processed at the criminal court, when the state prosecutes the abuser, at the civil court or the family court if domestic violence affects a divorce or abuser’s rights to custody and visitations.
A criminal case can lead to one of two ways. The defendant can choose to go to the trial, fight allegations and potentially proves his innocence and keeps a clean record. The second option is to plead guilty and choose no contest plea bearing penalties imposed by the court.
The criminal prosecution starts by calling a police, but in order to secure themselves, victims can ask family court to grant restraining order. Restraining order is the most common way of protecting victims and is designed to prevent the abuser from crossing a distance specified by the law towards victim.
When the victim decides to file for restraining order, two things need to be proved. The first one is a relationship with the abuser in a form of marriage, living together, dating, having a child with the abuser or being his relative.
The second thing, more complicated for proving, is that the act of the violence actually did happen. If the victim succeeds in proving this, either by medical record showing physical harm, recorded conversations, video tape showing the act or anything similar, the court will grant restraining order. Maybe you need help from criminal defense attorney Westchester, visit our page and found out more.
As a penalty, the court can mandate abuser to leave the home, to stay away from the family, order temporary child custody or many other decisions.
Adopting a child and thus forming a new family is one of the noblest ideas where, if everything is done right, both sides should get a better life. A child gets caring parents and a home to live in and the parents, usually struggling with fertility problems, finally get their own child.
Though adoption has the finest final aim, it is very complex and long lasting procedure governed by the family laws different in every state. The states set high standards and rigorous controls that adopting parents have to submit to in order to adopt a child. This is necessary because the best interests of the children are one of the highest interests of every country.
The first step of the process collecting the information and specifying the profile of a child couple would like to adopt. The second one is choosing the agency. Generally, there are two possible options. You may sign up with a private agency, which will probably ask you to hire a family law lawyer. You will pay more money, but get to choose more specifications about the child you’re looking for to adopt. Private agencies provide you with greater chance to adopt a newborn.
Official governments agencies are cheaper, will probably narrow down your wishes and expectation from a child, but these agencies are safer way of handling an adoption procedure. Adoptions can be so called open or closed adoption. Open adoptions impose to both parents, biological and the ones who adopted, to keep in touch, share their information and occasionally even see each other. Closed adoption keeps both sides anonymous or allows them to share information regarding a kid, without uncovering their identity.
During a process, adopting parents will have to submit a lot of paperwork, providing the agency with their biographies, statements about incomes, safety of their home, proving they have no criminal record or significant debts and many other administrative works.
The last phase of the process is always patient waiting. Sometimes it takes months, even years, from the filing for adoption till the point when a child walks into a new home. This last moment is, nevertheless, going to make all the efforts worthwhile.Check long beach family law attorney page and search for help.