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Ohio Child Custody

Posted by admin on 27th April 2006

In Ohio, shared parenting or joint custody is the hopes of the courts in every child custody case unless the arrangement is not in the best interest of the children involved in the child custody case or if it is not feasible among the parents involved.

The court will determine if shared parenting is an option by looking at the following factors:

* If the parents can cooperate and make joint decisions regarding their children.

* If both parents will encourage contact with the other parent and share the love of their children with the other parent.

* If there has been a history of abuse, spousal or child, or any type of domestic violence in the home or if either parent has kidnapped the children.

* How close the parents live to one another.

* And if the children’s guardian ad litem has recommended shared parenting

If shared parenting is not an option, the court will make a decision as to which parent should be the residential parent by following these guidelines:

* The desires of the parents as to who should be awarded custody.

* The desires of the children as to which parent they prefer to live with.

* The relationship the children have with each parent, their siblings and other that resides in the home.

* The adjustment the children now have to their home, school, and community.

* The physical and mental health of both parents, the children and anyone that resides in the home.

* Which parent is more apt to abide by the visitation and parenting time rights of the other parent.

* If either parent has failed to pay child support.

* Previous conviction of either parent in any type of domestic violence.

* If one parent has refused parenting time to the other parent.

* The place of residence of both parents and if either parent plans on moving out of state.

The court can speak with the children and decide if they are old enough and mature enough to choose which parent they wish to live with and have custody of them. The court may or may not listen to the wishes of the children even if they are found to understand. They will still award custody by what they believe is in the best interest of the children

In 1990, Ohio passed laws regarding grandparent’s rights in cases of divorced or deceased parents. Since that time grandparent can now obtain court ordered visitation with their grandchildren even if the child was born out of wedlock.

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North Dakota Child Custody

Posted by admin on 27th April 2006

In North Dakota it is required by law that the court consider what is in the best interest and welfare of the children involved in a child custody case. There is no preference as to the sex of the parent, whether they are the adoptive parents or the natural parents, custody will be awarded by the court to the parent they believe will be in the best interest of the children and the welfare of these children.

The court does have a set of guideline set forth to aid them in determining the custody of the children. All factors should be considered above and beyond the ones listed below:

* The emotional ties, love and affection between each parent and the children.

* The ability of each parent to give the children affection, love, guidance and to continue their education.

* How long the children have lived in the stable and the desire of the court to maintain continuity.

* The permanence of the home in which the children are now living or will be living.

* The morality of each parent.

* The physical and mental health of each parent.

* The adjustment the children have within their school, community and home.

* The wishes of the children if they are of sufficient age, intelligence and understanding.

* If there is any evidence of domestic violence.

* The relationship and interaction between each parent and the children.

* If either parent has made false allegations against the other parent of harming the children.

* Any other factors the court deems important to determine child custody.

North Dakota child custody law does have set guidelines to follow when it comes to parental rights and duties of each parent and they will be followed unless ordered differently by the court. These guidelines are:

* Each parent can have access and copies of their children’s educational, medical, dental, insurance, religious and any other information.

* They each have the right to attend any education conference.

* Be able to contact their children reasonably by writing, talking on the telephone and electronic means.

* Each parent has the responsibility to inform the other parent in case of a serious accident or serious illness.

* If the parent with custody moves they must immediately inform the other parent of any changes in residence and telephone number.

* The parent must at all times give information regarding the name and address of the school to the non-custodial parent.

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North Carolina Child Custody

Posted by admin on 27th April 2006

In North Carolina, if parents can not decide on which parent should have custody of their children, then the court will have to make the decision on which parent they believe would be in the best interest of the children. There are several different factors in which the court will consider when determining child custody. The court will have to decide if joint custody is feasible or if one parent should receive sole custody of the children involved. This can be a very hard decision so there are a few guidelines for the courts to follow such as:

* How much time each parent can spend with their children.

* The children’s physical, mental, emotional, moral and spiritual faculties.

* The stability of the home and the capability of both parents to care for their children.

* The relationship the children have with both parents, their siblings and anyone else that resides in the home.

* The mental and physical well being of the children.

* The age of the children.

* If either parent has tried to undermine the other parent.

* Parental abductions, moves out of state, and any other factors that tried to prevent the other parent visitation with the children.

* If either parent has been involved in abuse or neglect.

* If either parent has a problem with drugs or alcohol.

* The religion of both parents.

* If either parent participated in non-marital sexual relationships.

* The wishes of the children regarding who they would prefer to live with

Most of the time, the parent that does not receive custody will be awarded visitation rights. In some cases if both parents are proven to be unfit, grandparents have been awarded custody of their grandchildren.

Joint custody can be awarded in North Carolina. In these cases, you will have to work through the arrangements with the other parent and make decisions regarding the rearing of your children. You will need to decide how much time each parent will have with the children, which parent will be responsible for health care costs, will you pay child support to the other parent while the children are in their care, among many other factors. In most cases, if both parents are supporting the children equally, then support is not an issue. If one parent has a higher income and can provide more then they may have to pay support to the parent with the lesser income.

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New York Child Custody

Posted by admin on 27th April 2006

As in most states throughout the United States New York Child Custody will be based on what is in the best interest of the children. Each case will be decided on an individual basis as each family situation is different. New York does not have any laws that warrant which parent can be awarded custody of their children. There are a few guidelines to aid the court and judges in such matters, but even these guidelines are not always the same for each child custody case.

In New York there are different types of custody such as physical custody and legal custody. Physical custody is where the children will be living, where legal custody is the parent that will make decisions regarding the children’s rearing. The most important issues defined in legal custody are religious, education, and medical. Joint custody is when both parents have equal decision making roles. Both parents will have the legal rights to make important decisions regarding education, medical, etc… in their children’s life. This can be granted if both parents are willing to still raise their children as one minded with their ex-spouse.

The major factors that the court in New York will consider when determining custody are:

* The age of the parents.

* Alcohol and drug use.

* How much time each parent can spend with the children. The court will favor the parent that can spend more time with the children than depending on someone else to care for the children when they are not at home.

* The physical health of the parents and if any disabilities will not allow them to properly care for their children.

* Finances of both parents and if they can support their children.

* If any evidence of neglect or abuse is found, the court will award custody of the children to the other parent.

* Mental health of both parents. There will be a health professional examine each parent alone and then each parent with each child, to determine how they interact together. The evaluator may talk with others in the home, school counselors, school officials, or any one else that may have information. The evaluator will then give their recommendation to the court.

* The home environment will be in inspected for a stable and safe environment.

* Both parents behavior in court can be a major factor when determining which parent should have custody of their children.

* The parent’s willingness to allow the children to have a loving and continuing relationship between the children and the other parent.

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New Mexico Child Custody

Posted by admin on 27th April 2006

New Mexico Child custody laws state that if the child or children are under the age of 14 years of age, the court will award custody of the minor children in accordance with the best interests of the children. The court also will not consider a parent’s sexual orientation when deciding custody or visitation unless it can be proven to be detrimental or harmful for the children.

In New Mexico, guidelines have been set forth to aid judges in determining what is in the best interests of the children in all child custody cases. The factors include:

* The wishes of the parents as to who should have the custody of their children.

* The wishes of the children as to where they would like to live and which parent should have custody.

* The interaction and relationship the children has with each parent, their siblings and others living in the home.

* The adjustment the children has with their community, their home and their school.

* The physical and mental health of the parents, children, and others living in the home.

* If any child is over the age of 14, the court will consider their wishes prior to making a final decision.

New Mexico favors joint custody and believes that in most cases it is in the best interest of the children and there are also guidelines to help the judge and the court decide if in fact joint custody is feasible. Joint custody is not always possible and needs to be examined to ensure that it is best for the children. New Mexico guidelines for joint custody include:

* If the children have a close relationship with both parents.

* If both parents are capable of fulfilling their responsibilities in rearing the children and provide adequate care for the time the children are with them, including seeking child care by others if needed.

* If both parents are willing to accept the responsibilities that come with parenting and to allow the other parent the same time with the children.

* If the children can keep a strong relationship with both parents through frequent contact and if the children will benefit from this time.

* If both parents can allow the other parent their time with the children without interfering.

* If the parenting plan that the parents have agreed to is in fact suitable for the best interest of the children.

* The distance between the parents individual homes.

* If both parents are capable of cooperation and agreeing of issues regarding the rearing of their children.

* Domestic abuse

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New Jersey Child Custody

Posted by admin on 27th April 2006

If both parents can not come to an agreement when it comes to custody of their children the court will determine what is in the best interest of the children. In New Jersey they have established a “parent of primary residence” (PPR) and a “parent of alternate residence” (PAR), which basically means that both parents will have joint custody of their children but one will remain the primary residence. Both parents will have the rights to determine how their children are raised. If the parents can not agree as to which parent should have the primary residence the court will appoint a neutral party. This person will interview both parents and possibly the children, and view the interaction and the homes in which the children may reside. Then the neutral party will give their recommendations to the court.

When the court looks at what is in the best interest of the children there are a few set guidelines that will aid them in determining which home should be the PPR and the PAR, or if joint custody is not feasible. These guidelines are as follows:

* If the parents are capable of agreeing, communicating and cooperating with their children’s best interest in mind.

* If the parents are willing to accept custody and allow visitation with the other parent.

* The interaction between the parents and the children and anyone else in the home.

* If there is a history of domestic violence.

* Safety from physical abuse from either parent.

* If the children are old enough to form an intelligent decision their preferences will be heard.

* The needs of the children.

* The stability of the home that both parents intend to have.

* The quality of the children’s education.

* If the parents are fit.

* How close the parents live to one another.

* How much time was spent with each parent prior to the separation.

* The parents employment.

* How many children and their ages.

The court will also look at any pertinent information in regards to what is in the best interest of the children. The major factor in determining child custody in the state of New Jersey is the willingness of the parents to allow their children to spend time with the other spouse in an unselfish manner and to put their children’s needs before their own.

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New Hampshire Child Custody

Posted by admin on 27th April 2006

As most states today, New Hampshire laws will consider what is in the best interest of the child or children when it comes to child custody cases. Joint custody is preferred and the court does have a set of guidelines to follow to help them with this decision.

The guidelines are follows:

* The parents wishes.

* The children’s wishes as to which parent they want to have custody if they are old enough.

* How each child interacts with each parent.

* How the child is adjusted in their community, home and school.

* The physical and mental health of each parent.

* Which parent will continue to allow the children to have a continuing relationship with the other parent.

* How close both parents live to one another.

* Whether a parent has been involved in child neglect, child abuse, or spousal abuse.

* Any other pertinent information that would be in the best interest of the children is admissible in court.

If the parents have agreed to joint legal custody and one parent has at least filed an application for joint legal custody the court will then decide if joint legal custody is in the best interest of the children. The court can at this time appoint a guardian ad litem that will represent the children during the child custody case.

If the court finds evidence of abuse it will consider this abuse to be harmful to the children and decide if joint custody is appropriate. The court may decide after learning of the abuse that joint custody is not feasible and then will determine the custody of the children and what type of visitation schedule will best protect the children or the spouse, which ever may be at risk, or if both may be at risk.

Joint legal custody does include all parental rights such as decision making for education, medical, etc, but does not mean that the court will award both parents joint physical custody. The court will decide even in cases of joint legal custody which parent will receive physical custody of the children that will be in the best interest to the children.

Evidence of misconduct will only be allowed in court if it can proof that the behavior is detrimental to the children, then it will be allowed and will aid in determining parental custody of the children.

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Nevada Child Custody

Posted by admin on 27th April 2006

The court in Nevada will determine any child custody case brought before them by considering what would be in the best interest of all children involved in such case. The court at its own discretion may decide that joint custody for both parents would be more beneficial to the children than sole custody to one parent.

As the court makes their decision they will look at the following factors and any other they deem necessary in order to find the perfect conditions for the children.

* If the children are of sufficient age and have the capability to form an intelligent preference to which parent they wish to have custody then the court will listen to their wishes.
* Any type of nomination by either one of the parents or a guardian of the children
* If the parent that is seeking custody has committed any type of domestic violence against the other parent of the child, the child, or anyone living in the home

If there is any proof of domestic violence the perpetrator can not have sole or joint custody of the children as the court sees this is not in the best interest of the children. This information can be found in Nevada Revised Statutes 125.480.

In Nevada it is believed by law that joint custody is always in the best interest of the children if both parents can agree to this arrangement. Both parents can be awarded joint legal custody without being awarding joint physical custody if they can agree on joint legal custody.

With joint custody, both parents share in the rearing of the children and make all decisions together such as education, medical care, etc… The time spent between parents is normally divided as long as the children can still remain in school and enjoy their other activities. Many times you will have to submit a parenting plan to the court to show how these decisions will be made and what you will do in case of disagreements to ensure that the best interest of the children is at the top of the list.

If you are living in the state of Nevada and have legal custody of your children you can not legally move with the children unless you have written permission from the non-custodial parent or if they refuse petition the court for their permission to move with your children. If a parent moves out of the state without doing this, the custody order that was in place can be changed if the non-custodial parent requests.

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Nebraska Child Custody

Posted by admin on 27th April 2006

Everyone knows just how important it is to protect our children and we all want the best for our children, but when it comes down to a divorce and child custody many parents battle over the custody of their children. This can be a very devastating time for the children. The children love both parents and feel like they are losing a parent during a divorce. When they constantly see their parents fighting over them it can burden them even more because they know they are the cause of the fighting between their parents.

Because of this problem most states have set up guidelines for the court and judges to follow in order to find what is in the best interest of the child or children in a child custody battle. The court will not listen to parents that complain and belittle their soon to be ex-spouse without the proof to back it up. Children need both parents even when the parents are divorced, so all the slander and name calling is not helping your situation. The court realizes that there are hard feelings, but they also believe that parents need to set aside their differences to ensure the best for their children.

The guidelines in Nebraska are as follows:

* The welfare, general health and social behavior of the children.

* The wishes of the children as to where they want to live and with which parent, if the children are of sufficient age to understand.

* The relationship the children had with both parents prior to the separation.

* The adjustment of the children in their home, community, and school.

* If there is any evidence of spousal or child abuse in the home.

* There is also no preference to be given because of the sex of the parents or child.

* The relationship the children have with their siblings and others in the home.

* Joint custody is a possible alternative when both parents agree.

Joint custody is beginning to be the preferred child custody in most cases, because this allows both parents to have a continued relationship and rearing of their children. This also helps the children adjust because they know that both parents are still there for them and want to be an active part of their lives. If joint custody is not feasible the judge will determine which parent is best suited for custody and will then set up visitation for the non-custodial parent.

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Montana Child Custody

Posted by admin on 27th April 2006

Every state has a set of guidelines to help the courts decide what type of custody is in the best interest of the children and which parent is the most suitable to have custody of their children.

The child custody guidelines for Montana are as follows:

* The court will consider any and all relevant factors that may help them determine custody with the best of the children in mind.

* The desires of the parents of the children.

* The desires of the children.

* The relationship and interaction between the children and both parents, their siblings and others that reside in the home.

* How adjusted the children are to their home, community and school.

* The physical and mental health of both parents and the children.

* Domestic violence or the threat of domestic violence toward either a spouse or the children.

* Drug abuse or dependency of a chemical by either parent.

* The stability and continuity of the children’s care.

* The developmental needs of the children.

* If a parent has not paid any birth related costs that they could have paid, is also a factor that is not in the best interest of the child.

* If a parent has not financially supported any of the children and could have been supporting financially.

* If the child has frequent and continuing contact with both parents, unless the visitation would be detrimental to the health and well being of the children.

* If any adverse affects have been seen in the children due to continuous and vexations.

If a parent wishes to move with the children they must provide a written notice to the other parent whether they have custody of their children or not. If this move will affect the child’s visitation with the parent they must provide a 30 day proposed change in residence and it should include a proposed revised residential schedule. This must be filed with the court that adopted the parenting plan.

If parents are in agreement and have a parenting plan submitted in court, both parents will have access to records pertaining to their children including medical, dental, law enforcement and all school records.

A parenting plan is a very simple form that must be submitted to the court and will include the parenting functions of both parents. This document will detail the parenting functions of each parent and should include the following:

* Both parents agree to keep a stable, loving, consistent and nurturing relationship with the children.

* Attend to all daily needs of the children such as physical care, development, feeding, grooming, supervision, spiritual growth, health care, day care and the involvement of other activities.

* Adequate education for the growth of the child.

* The interactions and interrelationships will continue with the children and their siblings and both parents.

* Using the best judgment when it comes to the welfare of the children.

* Which parent will the child be living with or has physical custody.

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