Child custody matters are often some of the most difficult issues parents deal with, whether as part of a divorce or otherwise. Child custody refers to the legal rights and obligations to care for and control a child. Custody usually has two elements - physical custody (with which parent the child resides) and legal custody (the right to make decisions about the child's health, education, welfare, religion, etc.). Often, custody and visitation arrangements need to be modified over time to reflect changes in the child's needs, or changes in the parents' circumstances.
How Does The Court Decide Who Gets The Children?
At the outset, it is important to understand that “custody” is usually divided into two separate categories – legal custody and physical custody. Usually, both parents are …
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Can Parental Rights be Terminated When a Parent is Incarcerated?
When can a parent’s rights over their child be terminated by the state? The government may not take a child away from a parent simply because they do not agree with the parent’s decisions. The state must show that the parent is unfit and that severing the relationship is in the best interests of the child. One of the ways a court may find a parent is unfit is if …
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Do I Have to Pay Child Support if I Don't Get to See My Children?
It hardly seems fair to pay your child support on time, week after week, month after month, only to have your ex-husband or ex-wife prevent you from seeing your children. In fact, problems with visitation are one of the most common reasons given by parents for not paying their child support. However, child support and visitation are two totally separate issues, and you cannot stop …
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