Showing posts with label custody. Show all posts
Showing posts with label custody. Show all posts

Monday, June 27, 2011

Support and child custody

In making an order for custody, visitation or partial custody to either parent, the Court shall consider, among other factors, whose father is more likely to encourage, permit and allow frequent and continuous contact and physical access between the child and the non-custodial parent. In addition, the Court examines each parent and the present and past violent or abusive conduct of adult family that may include, but is not limited to, abusive conduct, as defined under the law of October 7, 1976 (P.L. 1090, no. 218), known as protection from abuse Act. The Court shall award custody only when it is in the best interests of the child. In addition, an order for shared custody may be granted by the Court when it is in the best interests of the child:

At the request of one or both parents. When the parties have agreed to an award of custody.

[Based on Pennsylvania Consolidated Statutes-Title 23-section: 5303]

Child Support:

Pennsylvania uses the "income shares" to determine the child support. Child and spousal support are allocated under the Pennsylvania child support guidelines as established by the general rule by the Supreme Court, to ensure that persons are likewise are treated equally. The guidelines are based on the reasonable needs of the child or of the spouse seeking support and the ability of the debtor to provide support. In determining the reasonable needs of the child or of the spouse seeking support and the ability of the debtor to provide support, the guidelines stress the primary incomes, net and gain the ability of the parties, with deviations permissible for unusual needs, special charges and other factors, as the parties ' activities, such as warrants special attention. In any proceedings to establish or modify an order requiring the payment of child support, the Court must ascertain the ability of each parent to provide health coverage for children of the parties and the order must provide medical coverage for every child as appropriate.

If applicable for the purposes of this section, a court may order one or both parents who are separated, divorced, single or otherwise subject to an obligation of support exists to provide equally for educational costs of their child, if this support is required before or after the child has reached 18 years of age. The responsibility to provide for the costs of postsecondary education is a responsibility shared between both parents. [Based on Pennsylvania Consolidated Statutes-Title 23-sections: 4322, 4326 and 4327]


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Thursday, April 21, 2011

Support and child custody

In the award of custody, the father is not be a determining factor. The courts held that there shall be a rebuttable presumption that joint custody is in the best interest of a child, but this does not imply an equitable allocation of time between the child's parents or an equitable sharing of financial responsibility for the child.

When determining contested custody cases, the Court determines custody in accordance with the interests of the child, taking into account all relevant factors including, but not limited to:

The will of the father of the child or parents as to his custody. The wishes of the child as his guardian. The interaction and interrelationship of the child with his parents, brothers, and any other person who can significantly affect the best interests of the child. Adjustment of the child to his home, school and community; and (5) the physical and mental health of all individuals involved. If the minor is over 14 years of age, the Court will consider the wishes of the child as to with whom he wants to live before assigning custody of such minor.

[Based on the New Mexico statutes annotated, 40-4-9, 40-4-9.1]

Child Support:

New Mexico uses a model of "income shares" to determine the level of maintenance of children. This means that the income of each parent is divided by the total income of both parents to determine the percentage of support that each parent is responsible. The total income from both parents determines the level of support to be paid, based on the child support tables. For detailed instructions, refer to the information contained in the guidelines of the child's support of New Mexico.

Child support continues until graduation from high school the children if the children are treated only by age, are under the age of nineteen and attend high school. Child support may provide for the maintenance and education after high school of emancipated children under a written agreement between the parties. [Based on the New Mexico statutes annotated, 40-4-7 and 11.40-4-1]


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Saturday, February 5, 2011

Support and custody

Both parents can be awarded custody, and the Court does not give preference to a parent due to the financial condition or State of the parent. The Court may assign parental rights and responsibilities for the care of children mainly to one parent, designate the father as the residential Parent and the child's legal guardian and divide between parents, other rights and responsibilities for the care of children, including, but not limited to, the responsibility for providing support for children and the right of the parent who is not the father residential have continuous contact with children.

If a parent an appearance of files and presents a plan for shared parenting, and a plan for shared parenting is in the best interests of children, the Court may allocate the parental rights and responsibilities for the care of children with both parents and issue a parenting order shared that require parents to share all or some aspects of natural and legal persons of the children in conformity with the approved plan for shared parenting. When assigning responsibilities and rights of parents, the Court takes into consideration the following factors:

The wishes of the child; The wishes of the parents of the child, the child's care; Child's interaction and interrelation with the child's parents, brothers, and any other person that may significantly affect the best interests of the child; Adjustment of the child to the child's home, school and community; Mental and physical health of all people involved in the situation; The father more likely to facilitate the Court-approved parenting time or Visitation rights and company; If both parents have previously been found guilty or guilty of any criminal offense involving any act that resulted in a child a child abused or neglected a child; If both parents have established a residence, or intend to establish a residence outside of this State.

To determine whether an agreement of shared parenting is in the best interests of the child, the Court takes into consideration the following factors:

The ability of parents to cooperate and take decisions jointly, with respect to children. The ability of each parent to encourage sharing of love, affection and the contact between the child and the other parent. Any story, or potential for, child abuse, spouse abuse, other domestic violence or parental abduction by both parents. The geographical proximity of parents to each other, such as the distance between the practical considerations of shared parenting. The recommendation of the child's guardian ad litem, if your child has a guardian ad litem.

[Based on Ohio revised code section 3109.04]

CHILD SUPPORT:

The Court may order one or both parents to cover or contribute to support their children, without regard to marital fault. The Court shall include in each order to support the requirement that one or both parents care for the health needs of the child for the satisfaction of the Court, and all payments are made through supporting the Office of child support in the Department of work and family. The Court or Agency shall calculate the amount of child support obligation of the debtor in compliance with the worksheet of Ohio child support guidelines.


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Thursday, February 3, 2011

Support and child custody

The child's best interests must always be the primary consideration in determining custody, without regard to the sex of the child or parent. Sole or joint custody may be assigned, but it must be presumed to joint management restorations. A finding of a history of family violence, involving the parents of a child removing the presumption in this subsection. The Court must use the following factors in determining custody:

If the physical, psychological or emotional and child development will benefit from the appointment of conservatives joint management. The ability of parents to give priority to the welfare of the child and reach shared decisions in the best interests of the child. If each parent can encourage and accept a positive relationship between the other parent and the child. If both parents participated in breeding before filing the suit of the child. The geographical proximity of the residences of the parents. If your child is 12 years of age or older, preference of the child, if any, with regard to the person to have the exclusive right to designate the principal residence of the child. Any other relevant factor.

[Based on Texas statutes; Family code, chapter 153]

CHILD SUPPORT:

The Court may order one or both parents to claim a child as specified by the order:

Until the child is 18 years of age or until graduation from high school, whichever occurs later. Until the child is emancipated through marriage, through the removal of the disability of minority by court order or other operation of law. Until the death of her son. If your child is disabled as defined in this chapter, for an indefinite period.

The Court may order that the child support paid periodic payments, a lump sum and annuity purchase, setting the property to be administered for the support of the child as specified in the order, or a combination of these methods aside. Even the court orders medical support for the child, as well as ordering income withholding to ensure payment of child support.


View the original article here