Transcript: Three Types of Child Custody Does Race Play a Role in Child Care? ~Custody and child support are not the same thing. Every parent has an obligation of paying child support even if they do not own custody over their child. ~No state allows a parent to keep their child away from another parent that isn't paying child support. The exception: "If the custodial parent disappears for a lengthy period so that no visitation is possible, a few courts have ruled that the noncustodial parent's duty to pay child support may be considered temporarily suspended." (The Lectric Law Library) ~ The U.S. Supreme court has ruled it unconstitutional for a court to consider the parents race when deciding who to grant custody to. ~ The main issue concerning children being raised by parents of another race is the child's racial identity. Courts have come to recognize that a child's racial identity is important, including the child's self image. http://www.lectlaw.com/files/fam08.htm Child Custody Source Custody and Child Support Mothers vs. Fathers ~ Legal custody: A parent with legal custody can make decisions about the child's schooling, religion, and medical care. ~Physical custody: Whom a child spends or lives majority of their time with. ~ Joint legal custody: When two parents have custody of the child and both parents raise their child separately. *In many states but not all* ~ In the past children of "Tender years" (kids 5 and under) have been automatically given to their mother for custody. ~ Mothers are believed to have more time and to be more understanding and tenacious of of a child's needs. The only states that still carry the Tender years doctrine are Carolina and Tennessee. ~ Fathers still try to gain custody over their child however, they also agree that the custody will most likely be awarded to the mother.
Transcript: CALL 211 OTHER OPTIONS LEGAL AID SOCIETY RESOURCES Being able to get in touch with the community, hear other people's stories and visit the WRC was so educational. I feel like gaining the knowledge I did, and hopefully being able to provide others with my knowledge and information will further support and aid individuals that come across this issue. VERY HELPFUL!! * They ask questions to get you the right help regarding your issues * They will provide you with several possible resources pertaining to the social issue you are having * They also make sure to tell you if the resources aren't beneficial to let them know & they can help you find something else that works. * They make you feel important & go above and beyond to equip you with everything they possibly can. * Have to first be approved to get free legal help * Not everyone gets approved right away * In response to certain questions on the application will determine eligibility for free legal help * Can take up to 2 weeks before you get an answer CALL: 1-877-LEGAL AID My Experience By visiting any court locations nearest you is a common alternative to getting assistance. * If there have been no legal actions taken as far as actual court dates for a custody hearing there really isn't anything the courts can do other than offer mediation, which is a process Lawyers/Attorneys do not need to be present. *This meeting is to discuss possible alternatives and difuse the possibility of going to court. If a mother and father can come to an agreement amongst themselves they do not need to stand in front of the judge. WHAT TO DO?? CHILD CUSTODY Womens Resource Center * They have a 24hr hotline * They will forward you to Social Workers to speak with about the issue * Free Legal Help every Tuesday 10-12, first come first serve basis * Lawyers and Paralegals Located: 1963 Apple Street, Oceanside CA 92054
Transcript: Victoria Babcock Defined: The care, control, and maintenance of a child, which a court may award to one of the parents following a Divorce or separation proceeding. Child Support Tender Years Doctrine -"It's my fault" -Child v. Adolescent -Male v. Female -Learning disabilities -On the bright side -Visitation -Race Palmore v. Sidoti -The Child's Choice -Interest? -Is it fair? KEEP YOUR KID HAPPY! Fair Trade? Adoption -http://www.helpguide.org/mental/children_divorce.htm -Child of tender years—generally under the age of thirteen years—should be awarded to the mother. Replaced in most states with "Best Interests of the Children" doctrine -Court Blind to Guardian -Rule on mundane facts rather than by sex Child Custody What can be done? -Family & Children's Services -DeBoer by Darrow v. DeBoer (1991) -Model Adoption Statute (1994) Impacts of Divorce on the child What is Child Custody?
Transcript: Aayesha Rafiq:She is a professor at the Fatima Jinnah Women University in Pakistan and is a former Research Scholar at the University of California In Islam the custody of a child is handed to the mother instantly if she hasn’t married right away Mohit Agrawal & Romit Agrawal: Students at the Gujarat National Law University, Gandhinagar Similar to Islam, the custody of a child is handed to the mother right away in Hinduism unless she is fit to take care of the child Conclusion Question To what extent should a child be involved in a custody battle? Assess how many times a child should be brought to court? Discoveries & Changes A child custody battle can be very messy and children being involved can make it even messier. This was proven by two of my perspectives. On the other hand, one of my perspectives stated that the involvement of a child can make the battle easier because the child can say what he/she wants. Perspective #4 Perspective #1 Bobbi: 23 year old female involved in a 10 year custody battle believes that children should be involved as less as possible Amber: Single mom In a custody battle with ex-husband over son Also believes that kids shouldn't be involved at all Perspective #2 Ronda Bessner: legal and policy consultant Understanding the perspectives of children is crucial to show care Involving children can prove to be beneficial and can help children in the future. Who:Parents and Children What:Custody= the care and control of a child given by the court to a parent. Where: Canada Why: When two parents can't decide which parent should be taking care of a child, there is a custody battle How: Through court orders or mediation Child Custody Child Custody I realized how close child custody and divorce are linked The second discovery I made was the hatred that two partners develop for each other A change that I made in my inquiry was one of my perspectives. Initially, I was going to look at how different cultures deal with child custody, but I changed it to how different religions look at child custody Perspective #3
Transcript: DNA is often the factor that protects the child custody right and keeps families together Latest Headline http://madamenoire.com/334322/father-paternity-tests-mandatory-birth/ Child Custody -Is the maintenance, and control of a child that the authority gives to a parent or guardian Example: During divorce, or child abuse. By: Chely Barcenas & Sierra Adams Biomedical Technology Child Custody Example: DNA is the evidence and proof of paternity If a mom or dad denies that they are the parent of a child, the authority gives a court order to have a DNA test done and DNA is the solution Sources DNA also proves who is the mother or father so that they will pay child support. How Is DNA Used? http://legal-dictionary.thefreedictionary.com/Child+Custody www.googlelimages.com http://www.dna-testing-adviser.com/Child-Custody-Laws.html
Transcript: Family Law, Child Custody Lombardo vs. Lombardo Michigan Lombardo v. Lombardo Court of Appeals of Michigan 507 N.W.2d 788 (Mich. App. 1993) Asma Alrasheed Important Facts Facts: • Mrs. Lombardo (plaintiff) and Mr. Lombardo (defendant) were married and got divorced they both got joint custody care of their three children. • Physical custody was for the defendant and the plaintiff was given visitations right The problem is: • Their child Robert got placed in the gifted-and-talented education program. Defendant believed that Robert should continue with his current school so he would not face difficulty adjusting to the new program. However, the plaintiff wanted Robert to attend the program. Physical Custody Visitation rights gifted-and-talented program Mrs. Lombardo Appealed; The court Ruled to the defendant favor that Robert does not need to attend new program because of the difficulty to be transported to new school In the absence of statutory authority the parent with primary physical custody of the child should make the decision Procedural posture Legal issue & Holding Legal Issue Does joint custody of a child mean that the parents share decision-making? but if the parent cannot agree on a decision that involves the welfare of the child should court rule for the decision? • Yes, the joint custody means that both parents share decision-making. However, when they cannot agree a trial court resolves the matter to the best interest to the child. But in this case, it shows that the court ruled for the defendant favor by giving him the decision to decide since he got the child physically. Holding Reasoning and support • Defendant rely on Griffin v. Griffin case where it shows that the final decision making involves the child's education resides with the custodial parent which is the defendant in our case. However, that case was in Colorado and our case is in Michigan where they don't have a similar law giving the custodial parent the final decision. The trial court should have made the decision of whether the gifted and talented program was in Robert's best interests. but the trial court failed to so and the judgment of the trial court is revered and remanded to the trial court to determine what would be in Robert's best interest
Transcript: What if I want to move? How does the Judge decide? QUESTIONS Two Types of Custody: LEGAL and PHYSICAL Party proposing relocation has burden of establishing that the relocation will serve the best interest of the child pursuant to factors. Where does she sleep at night? Which party is more likely to encourage and permit frequent and continuing contact between the child and the other party Present or past abuse/continued risk of harm Parental duties performed by each party Need for stability and continuity in the child's education, family life and community life Sibling relationships Well reasoned preference of the child, based on the child's maturity and judgment RELOCATION FACTORS Best Interest of the Child CHILD CUSTODY Grandparents may have standing for partial physical custody Who makes the big decisions? If a grandparent stands in loco parentis to the child; OR The relationship with the child began either with consent of a parent of the child or under a court order; When the grandparent assumes or is willing to assume responsibility for the child; AND When one of the following is met: Dependent child under juvenile matters; Child substantially at risk; OR For a period of at least 12 consecutive months, the child resided with the grandparents Examples: GRANDPARENTS When can Grandparents file for legal and physical custody? CUSTODY FACTORS
Transcript: Visitation He owed over $1 million in child support payments. He traveled abroad to avoid making payments. He stopped paying after two years and two children with two different women. He was forced to cover more than $900,000 in payments. Joint custody: The parents share physical and legal custody of the child. The courts favor a joint custody agreement. The court deems it to be in the best interest of the child. Sole custody: If a child will be in harm, the court will grant sole custody to one parent. Even if sole custody is granted, visitation will still be allowed. If the court feels that granting custody to one parent is not in the best interest of the child, the court will grant custody to a third party. (Aunt, grandparent, sibling) At 18, a court can no longer make orders about the child's custody and visitation A custody case can either go through court or mediation To change a visitation order, you have to go through court. A court will change it if they see it being best for the child. A parent, either mother or father, will have to pay child support. The parent that pays child support is the one who does have the child he majority of the time. Deciding Factors Best interest of the child Child's wishes (if child is over 12) Which parent has been the primary caretaker Work schedules of both parents Mental and physical health of both parents Parenting skills of both parents Child's relationship with parents, siblings, and extended family History of domestic violence Each parent's ability to create a relationship with the other parent If a parent is allowed to have visitation with their child, the court can order different kinds of visitation to that parent. Supervised visitation- the court will chose someone to supervise the visits between the child and the parent, if the court decides the child will be in danger if left alone with that parent. Therapeutic Supervised Visitation- A mental health professional will supervise the visits to try and improve the bond between the parent and the child. Neutral place of exchange- a safe environment where one parent can drop of the child for visits with the other parent. (Library, Police station) Monitored transition- a third party is present when a parent drops off the child to the other parent, to ensure calmness and safety of the child. Child Custody A man who fled the United States to avoid child support payments was labeled the country's most wanted deatbeat. Joint Custody vs. Sole Custody News Story A 2-year term for a Father Who Avoided Support Additional Custody Factors
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