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Joint Custody
Joint custody is a form of child custody pursuant to which custody rights are awarded to both parents. Joint custody may refer to ''joint physical custody'', ''joint legal custody'', or both combined. In joint legal custody, both parents of a child share major decision making regarding for example education, medical care and religious upbringing. In joint physical custody, also called '' shared parenting'' or '' shared residency'', the child spends equal or close to equal amount of time with both parents. After a divorce or separation, parents may have joint physical custody as well as joint legal custody of their children, or commonly, they may have joint legal custody while one parent has sole physical custody, or rarely, they may have joint physical custody while one parent have sole legal custody.See, e.g., The opposite of joint physical custody is '' sole custody'', where the child primarily lives with one parent while the other parent may have visitation rights to regul ...
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Child Custody
Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the right to make decisions about the child, and ''physical custody'', which is the right and duty to house, provide and care for the child. Married parents normally have joint legal and physical custody of their children. Decisions about child custody typically arise in proceedings involving divorce, annulment, separation, adoption or parental death. In most jurisdictions child custody is determined in accordance with the best interests of the child standard. Following ratification of the United Nations Convention on the Rights of the Child in most countries, terms such as parental responsibility, " residence" and " contact" (also known as "visitation", "conservatorship" or "parenting time" in the United States) have superseded the con ...
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Parenting Schedule
A parenting plan is a child custody plan that is negotiated by parents, and which may be included in a marital separation agreement or final decree of divorce. Especially when a separation is acrimonious to begin with, specific agreements about who will discharge these responsibilities and when and how they are to be discharged can reduce the need for litigation. Avoiding litigation spares parties not only the financial and emotional costs of litigation but the uncertainty of how favorable or unfavorable a court's after-the-fact decision will be. Moreover, the agreement itself can authorize the employment of dispute-resolution methods, such as arbitration and mediation, that may be less costly than litigation. Drafting a parenting plan A well-drafted parenting plan addresses both the custodial rights and responsibilities of parents who share custody of a minor child or children, and the logistical and other procedures for carrying out its substantive requirements. Parents can ag ...
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Parenting Plan
A parenting plan is a child custody plan that is negotiated by parents, and which may be included in a marital separation agreement or final decree of divorce. Especially when a separation is acrimonious to begin with, specific agreements about who will discharge these responsibilities and when and how they are to be discharged can reduce the need for litigation. Avoiding litigation spares parties not only the financial and emotional costs of litigation but the uncertainty of how favorable or unfavorable a court's after-the-fact decision will be. Moreover, the agreement itself can authorize the employment of dispute-resolution methods, such as arbitration and mediation, that may be less costly than litigation. Drafting a parenting plan A well-drafted parenting plan addresses both the custodial rights and responsibilities of parents who share custody of a minor child or children, and the logistical and other procedures for carrying out its substantive requirements. Parents can ag ...
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Parens Patriae
''Parens patriae'' is Latin for "parent of the nation" (lit., "parent of one's country"). In law, it refers to the public policy power of the state to intervene against an abusive or negligent parent, legal guardian, or informal caretaker, and to act as the parent of any child, individual or animal who is in need of protection. For example, some children, incapacitated individuals, and disabled individuals lack parents who are able and willing to render adequate care, thus requiring state intervention. In U.S. litigation, ''parens patriae'' can be invoked by the state to create its standing to sue; the state declares itself to be suing on behalf of its people. For example, the Hart-Scott-Rodino Antitrust Improvement Act of 197615 USC 15c, through Section 4C of the Clayton Act, permits state attorneys general to bring ''parens patriae'' suits on behalf of those injured by violations of the Sherman Antitrust Act. Discussion ''Parens patriae'' relates to a notion initially invok ...
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Legal Custody
A legal guardian is a person who has been appointed by a court or otherwise has the legal authority (and the corresponding duty) to make decisions relevant to the personal and property interests of another person who is deemed incompetent, called a ward. For example, a legal guardian might be granted the authority to make decisions regarding a ward’s housing or medical care or manage the ward’s finances. Guardianship is most appropriate when an alleged ward is functionally incapacitated, meaning they have a lagging skill critical to performing certain tasks, such as making important life decisions. Guardianship intends to serve as a safeguard to protect the ward. Anyone can petition for a guardianship hearing if they believe another individual cannot make rational decisions on their own behalf. In a guardianship hearing, a judge ultimately decides whether guardianship is appropriate and, if so, will appoint a guardian. Guardians are typically used in four situations: guardia ...
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Joint Custody (United States)
The third season of ''American Dad!'' aired from September 10, 2006, to May 20, 2007. The season consisted of nineteen episodes. The first half of the season is included in the Volume 2 DVD box set, which was released on May 15, 2007; and the second half is included in the Volume 3 DVD box set, which was released on April 15, 2008. __TOC__ Episode list Reception "Lincoln Lover" was nominated for Outstanding Individual Episode by the Gay & Lesbian Alliance Against Defamation at the 18th GLAAD Media Awards. The award is meant to recognize and honor various branches of the media for their outstanding representations of the lesbian, gay, bisexual and transgender (LGBT ' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity. The LGBT term i ...) community and issues. "The American Dad After School Spec ...
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Joint Custody (Spain)
In Spain, joint custody is the equal right of both parents to take legal custody of their children. It began in 2005, when a new divorce law introduced the notion of joint custody ( es, custodia compartida), subject to the agreement of both parents. Subsequently, some regional parliaments have passed laws that make shared parenting the preferred option. The Joint Custody Law in Spain The 2005 divorce law (Law 15/2005) introduced the important new possibility of joint custody, even though this is subject to the mutual agreement of both parents. Such agreement is given only in rare cases. Practically, in most divorce cases the sole custody of the child is given to the mother. Joint custody, or co-parenting, has been defined as "the legal situation where, in case of divorce, both parents have equal rights to take legal custody of their children". Joint custody is intended to fulfill the provisions of the Convention on the Rights of the Child. Proclaimed by the General Assembly ...
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Family Court
Family courts were originally created to be a Court of Equity convened to decide matters and make orders in relation to family law, including custody of children, and could disregard certain legal requirements as long as the petitioner/plaintiff came into court with “ clean hands” and the request was reasonable, “ quantum meruit”. Changes in laws and rules have made this distinction superfluous. Family courts hear all cases that relate to familial and domestic relationships. Each US state and each country has a different system utilized to address family law cases including decisions regarding divorce cases. In the United States Family courts were first established in the United States starting in the late 1910s at the behest of probation officers invested in the success of specialized domestic relations courts. Members of the National Probation Association (NPA) advanced the idea that "combining criminal nonsupport, juvenile delinquency, and divorce into a unified 'f ...
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Family Law
Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage, civil unions, and domestic partnerships: ** Entry into legally recognized spousal and domestic relationships ** The termination of legally recognized family relationships and ancillary matters, including divorce, annulment, property settlements, alimony, child custody and visitation, child support and alimony awards **Prenuptial and Postnuptial agreements * Adoption: proceedings to adopt a child and, in some cases, an adult. * Surrogacy: the law and process of giving birth as a surrogate mother * Child protective proceedings: court proceedings that may result from state intervention in cases of child abuse and child neglect * Juvenile law: Matters relating to minors including status offenses, delinquency Delinquent or del ...
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Divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries, divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation / access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person. Divorce is different from annulment, which declares the marriage null and void, with legal separation or ''de jure'' separation (a legal process by which a married couple may formalize a ''de facto'' se ...
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Coparenting
Co-parenting is an enterprise undertaken by parents who together take on the socialization, care, and upbringing of children for whom they share equal responsibility. The co-parent relationship differs from an intimate relationship between adults in that it focuses solely on the child. The equivalent term in evolutionary biology is parental investment, bi-parental care, where parental investment is provided by both the mother and father.Clutton-Brock, T.H. 1991. ''The Evolution of Parental Care''. Princeton, NJ: Princeton U. Press. pg. 9Trivers, R.L. (1972). Parental investment and sexual selection. In B. Campbell (Ed.), ''Sexual selection and the descent of man'', 1871-1971 (pp. 136–179). Chicago, IL: Aldine. . The original meaning of co-parenting was mostly related to nuclear family, nuclear families. However, since the United Nations Convention on the Rights of the Child, 20 November 1989, the principle that a child has to continue to maintain a strong relationship wit ...
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Child Custody
Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the right to make decisions about the child, and ''physical custody'', which is the right and duty to house, provide and care for the child. Married parents normally have joint legal and physical custody of their children. Decisions about child custody typically arise in proceedings involving divorce, annulment, separation, adoption or parental death. In most jurisdictions child custody is determined in accordance with the best interests of the child standard. Following ratification of the United Nations Convention on the Rights of the Child in most countries, terms such as parental responsibility, " residence" and " contact" (also known as "visitation", "conservatorship" or "parenting time" in the United States) have superseded the con ...
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