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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The Best Interests of the Child Standard and Grandparent Visitation
If you are a grandparent and do not get along with your grandchild’s parents, do you have a right to see your grandchild even if the parents do not consent? Prior to 2000 the answer was a resounding yes. But now it is complicated. Prior to 2000 many states had statutes allowing grandparents to petition a court for a visitation order with their grandchildren if the parents …
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