| What is child custody?
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| | protection of the child.
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| Child custody and guardianship refers to
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| | As long as there is no evidence of
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| the practical and legal relationship
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| | misconduct on the part of either parent,
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| between a parent and his child, which
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| | their rights to child custody are
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| includes caring and making decisions for
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| | considered equal. For this reason, the
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| the child. The concept of the terms
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| | parent's history, mental state, financial
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| 'custody' 'access' or 'visitation' have
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| | capability and relationship with his or
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| now been replaced by 'residence' and
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| | her child will be considered when the
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| 'contact'. Instead of the courts stating
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| | court has to make a decision.
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| that a parent has 'custody' of a child,
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| | In the case of married parents filing for
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| the child is now being said to 'reside'
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| | custody or divorce, legal custody of
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| with that parent.
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| | their child or children will be
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| Child custody is an issue that typically
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| | automatically shared between them, albeit
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| rises from incidents such as divorces,
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| | temporarily. Sole legal custody to one
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| annulments and legal actions that involve
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| | parent will only be awarded if the court
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| children. Common statutory provisions
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| | finds evidence that it is really for the
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| state that the child born within a
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| | child's best interests.
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| marriage will get the joint guardianship
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| | The court may also schedule specific
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| of the parents and the right of either
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| | periods to be followed by both parents,
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| parent to the child's custody after their
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| | depending on the needs of the child.
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| separation is equal.
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| | Older children and those in their teens
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| However, the issues involving residence
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| | may need longer time spent with each
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| and contact will be determined based on
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| | parent and don't require frequent shifts
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| what the courts see as the most positive
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| | between guardians. Younger children, on
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| for the child's interests. In fact,
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| | the other hand, may need shorter and more
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| legal professionals are already referring
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| | frequent periods spent with each parent.
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| to custody and visitation as 'parenting
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| | Issues that may affect a parent's request
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| schedule' in order to remove any negative
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| | for child custody
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| connotations about the distinction
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| | Some issues will be considered by the
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| between the parent who gets child custody
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| | court as evidence that a parent is unfit
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| and the parent who does not.
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| | to have custody of his or her child,
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| Who decides?
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| | including use of alcohol, drugs and
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| Most laws regarding child custody are
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| | illegal substance, mental disorder,
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| state laws. In case of a divorce, it is
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| | desertion, unwillingness or inability to
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| the court which has jurisdiction over the
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| | participate in the child's care and
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| proceedings who will determine which
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| | family abuse.
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| parent or guardian gets child custody.
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| | Both past and present evidences of abuse
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| In most cases, parents with children
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| | or neglect will be considered by the
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| under 18 years of age will be required to
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| | courts to determine which parent is best
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| file for custody in case of divorce or
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| | suited to have custody of the child.
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| annulment. For children under 21, both
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| | However, this presumption is rebuttable
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| parents will be mandated to provide
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| | and the abusive parent may challenge it
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| support following the Child Support
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| | in the court if he or she so wishes.
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| Standards Act.
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| | For a child with unmarried parents, it is
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| Who gets custody?
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| | the mother who automatically gets custody
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| Child custody is determined on the basis
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| | unless a family court decides otherwise.
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| of what the court deems 'in the best
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| | If the court finds evidence that the
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| interests' of the concerned child or
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| | parents can perform joint responsibility
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| children. In cases of parents or
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| | and can both provide for the child's best
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| guardians separating, the court will
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| | interests, both parents (if they agree)
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| decide on which parent will be better
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| | may be awarded with shared physical or
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| able to provide for the child's needs.
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| | shared legal custody.
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| Child custody proceedings are
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| | Bob Janeway is owner of which is an
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| child-centered and the standards for
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| | up-to-date child custody information
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| custodial awards are designed for the
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| | site.
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