Contributing Attorney Ongoing Program Do you have a guardian for your kids? Allison Kierman discusses the importance of choosing a guardian and things to consider when making this important decision in her article "Selecting a Guardian for Your Minor Children. This site includes forms, self-help resources and specific user friendly information about the court itself, such as where to park.
The supremacy of the biological relationship has also led to attempts to reformulate the best interest test in gender-free terminology. The URL for this webpage is http: One thing they have in common is that the parents are not in competition with each other to establish themselves as heads of separate nucleii in the oxymoronic or just "moronic" notion of the "binuclear family".
They are not egoistically focusing on themselves, and whether they are the centerpoint around which their child revolves. Neither of them are focusing on what is "fair" to themselves, or their "parental rights," and they have stopped playing tug-of-war with the child.
But the child is not living in two disparate places at once, in two separate households or families at the same time. Throughout time and place in history, long before divorce even was readily available, many married parents spent substantial amounts of time separated.
Most of the time, the absent parent was the father, off to war, at sea, or on business. During these times, the children lived with one or the other of the parents. If parents actually could achieve what they really and truly need to make joint custody work -- putting the children first above their love lives and another spouse, first above any personal opportunity that might come along, first with such commitment that they can make the sacrifices necessary to maintain a kind of fictional existence in which they still "co-parent", they might as well just remain married.
What would be the reason to divorce? Being willing to stay in the same neighborhood for years, to confer daily on the phone or in person, is just not compatible with getting divorced. People get divorced precisely because they cannot do these things. One or both cannot make these kinds of commitments.
Even those who have amicably divorced have done so because one of them has essentially flown the coop to pursue another career, another relationship, or another place. Most divorces are not amicable, however, but come about in connection with serious issues of breach of trust or abuse, and other problems substantial enough to break up a marriage.
Following methods used by people who hate and mistrust each other is not a prescription for cooperation.
Joint custody is not a way to get temporarily battling individuals to regain trust or a renewed relationship of friendship, or learn to cooperate. The child does not live in two places.
There are negatives inherent in the joint custody situation which even the best parents cannot overcome. Joint physical custody is logistically impractical and psychologically detrimental. And joint legal custody, or shared custody, with one parent remaining as the primary physical custodian does little to alter the amount of time a child spends with the noncustodial parent, and does a lot to create control conflicts between parents who continue to harbor resentment stemming from the failure of the marriage.
Joan Zorza Summer Family Law Quarterly, "Recognizing and Protecting the Privacy and Confidentiality Needs of Battered Women" summarized, in an article not otherwise directly on this subject, but a fine summary nevertheless: In fact, most children in court-imposed joint custody not just those with abusive fathers do poorly and are more depressed and disturbed than children in sole custody, even when the parents genuinely choose joint custody.
Furthermore, joint custody results in lower child support awards, which fathers are no more likely to pay than awards made when the mother has sole custody.We know co-parenting can be tricky when you no longer get along with your ex.
But to ensure your kids have a loving, stable environment, Read more. Issues concerning child custody and visitation with their impact on the children as well as the parent. Dr. Austin offers trial consultation services and instructional expert testimony on the research and literature on parental gatekeeping and allegations of alienating behaviors by a parent (ABP).He has presented workshops and professional publications on the role parental gatekeeping in child custody disputes and evaluations.
The laws of cohabitation in South Africa and the common law marriage. Information about universal partnerships and parties are living together and how these relationships are . Getting a divorce.
Divorce attorney and family law attorney, Thomas D. Farrell is a Certified Specialist in Family Law and serves Divorce, Paternity, Custody, Child Support, and Security Clearances clients throughout Hawaii.
Farrell represents people eligible for spousal support and people filing for divorce and child custody. Most custody orders include a standard possession order (SPO) that sets the schedule for each parent’s time with the child.
Custody orders refer to parenting time as access and possession, which is the same as visitation.