Child Custody and Support
| Preference of Child in Custody Determinations |
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| In awarding or modifying custody, one of the factors considered by a court is the preference of a child, However, the extent to which the court will consider an expressed wish and how much weight the court will give that wish depends on the age and maturity of the child and the circumstances under which the choice was made. More... |
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| Best Interest of Child Test in Custody Determinations |
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| In deciding custody of a child, a judge or master, must determine what would be in the child's best interests. This standard is used whether the child is being placed temporarily until a full custody hearing can be held, or in awarding joint or sole custody to a parent, pursuant to a divorce, or whether to place the child with a third party as a result of a custody dispute. More... |
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| Types of Discovery Applicable in Child Custody Proceedings |
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| Discovery is the process during the course of a legal action by which the parties to a lawsuit obtain information about the situation underlying the litigation and the factual and legal underpinnings of the other party's case. Rules of civil procedure in the courts of various jurisdictions regulate the discovery process in civil cases. Discovery procedures can be made use of in child custody proceedings arising out of a divorce between parties with a minor child or children as well as in other types of legal actions. More... |
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| International Child Abduction Remedies Act |
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| The Hague International Child Abduction Convention is a convention signed by many nations around the world that provides a method of securing either the return of a child or access to a child who was wrongfully taken into another country. The International Child Abduction Remedies Act establishes federal law to implement the Hague Convention.
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| Legal Custody versus Physical Custody |
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| There is a large difference between legal custody of a child and physical custody. That difference is based on the right to make the major decisions affecting the child. The parent with legal custody has the right to make those decisions. More... |
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