Family law, like every other profession, has its own language; a language that can be misunderstood, or may stand for many things depending on the context in which it is used. This blog covers the five key definitions that are used correctly, incorrectly, or a combination of both, in child custody proceedings. The better you understand these terms, the more informed litigant you will be.
The first term is an umbrella term generally referred to as “child custody.” Child custody refers to who is going have the children or make decisions for them, under what situations, and contains within it all ... Read More
Tag: best interest
26
Apr2017
26
Jun2014
There are two (2) types of custody placements-initial and modification. Initial custody is determined at an early hearing-for example, a hearing to establish paternity or a final dissolution hearing in a divorce. Any change or amendment to custody after that initial custody determination is known as a custody modification.
Initial custody and custody modification are based on several factors, and is based upon the best interests standard (i.e. what is in the best interest of the children). Other factors to be considered include the age of the child, the wishes of the parent(s), interaction with other family members, and adjustment to ... Read More
28
Mar2013
When a child is born out of wedlock, legal issues that may arise fall under paternity actions. Paternity actions are quite similar to divorce actions, and oftentimes, statutes from paternity law mirror statues from divorce law. However, there are some differences and complexities with paternity that are not faced in divorce. One example is the surname of the child(ren).
In divorce, if a child is born of the marriage, the child will generally receive the surname of the parties (father’s surname most commonly). However, in paternity matters, this is not always the case. The child’s will be recorded under the ... Read More