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Encyclopedia > Child custody
Family law
Entering into marriage
Prenuptial agreement  · Marriage
Common-law marriage
Same-sex marriage
Legal states similar to marriage
Cohabitation  · Civil union
Domestic partnership
Registered partnership
Dissolution of marriage
Annulment  · Divorce  · Alimony
Issues affecting children
Paternity  · Legitimacy  · Adoption
Legal guardian  · Ward
Emancipation of minors
Parental responsibility
Contact (including Visitation)
Residence in English law
Custody  · Child support
Areas of possible legal concern
Spousal abuse  · Child abuse
Child abduction
Adultery  · Bigamy  · Incest
Conflict of Laws Issues
Marriage  · Nullity  · Divorce

Child custody and guardianship are legal terms which are sometimes used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child. Image File history File links Scale_of_justice. ... Family Law was a television drama starring Kathleen Quinlan as a divorced lawyer who attempted to start her own law firm after her lawyer husband took all their old clients. ... // Definition A prenuptial agreement or antenuptial agreement, commonly abbreviated to prenup or prenupt, is a contract entered into by two people prior to marriage or civil union. ... A marriage is a committed relationship between or among individuals, recognized by civil authority and/or bound by the religious beliefs of the participants. ... Common-law marriage (or common law marriage), sometimes called informal marriage or marriage by habit and repute is, historically, a form of interpersonal status in which a man and a woman are legally married. ... Same-sex marriage is marriage between two people who are of the same sex (i. ... Cohabitation is defined as an emotional, physical, and intellectually intimate relationship which includes a common living place and which exists without the benefit of legal, cultural, or religious sanction. ... A civil union is one of several terms for a civil status similar to marriage, typically created for the purposes of allowing same-sex couples access to the benefits enjoyed by married opposite-sex peoples (see also same-sex marriage); it can also be used by opposite-sex couples who... Domestic partner or domestic partnership identifies the personal relationship between individuals who are living together and sharing a common domestic life together but are not joined in any type of legal partnership, marriage or civil union. ... See also: Civil Union Volker Beck, a member of the Green party caucus of the Bundestag, is the father of the German law. ... Annulment is a legal procedure for declaring a marriage null and void. ... Divorce or dissolution of marriage is the ending of a marriage before the death of either spouse, which can be contrasted with an annulment, which is a declaration that a marriage is void, though the effects of marriage may be recognized in such unions, such as spousal support, child custody... In many countries alimony, maintenance or spousal support is an obligation established by law that is based on the premise that both spouses have an absolute obligation to support each other during the marriage (or civil union) unless they are legally separated, though in some instances the obligation to support... Paternity is the social and legal acknowledgment of the parental relationship between a father and his child. ... Freiheitsrechte Recht auf Leben, Freiheit, Eigentum, Sicherheit der Person Allgemeine, nur durch Gesetz beschränkbare Handlungsfreiheit Freiheit von willkürlichen Eingriffen in die Privatsphäre (Wohnung, Briefgeheimnis etc. ... Adoption is the legal act of permanently placing a child with a parent or parents other than the birth parents. ... A legal guardian is a person who has the legal authority (and the corresponding duty) to care for the personal and property interests of another person, called a ward. ... In law, a ward is someone placed under the protection of a legal guardian. ... Emancipation of minors is a process that occurs when a court (or another body given that authority) declares that someone who is still a minor is nevertheless to have the legal rights of an adult, and to be free of any authority from their parent or other legal guardian. ... In the states of the European Union and elsewhere, parental responsibility refers to the rights and privilieges which underpin the relationship between a child and either its parents or those adults who have a significant role in its life. ... In Family Law, contact (or in the United States, visitation) is one of the general terms which denotes the level of contact a parent or other significant person in a childs life can have with that child. ... In Family Law, residence is an Order of the Family court under s8 Children Act 1989 following the breakdown of a marriage and determining where the child(ren) are to live and with whom. ... In many countries, child support is the ongoing obligation for a periodic payment made by a non-custodial parent to a custodial parent, caregiver or guardian, for the care and support of children of a relationship or marriage that has broken down. ... Spousal abuse is a specific form of domestic violence where physical or sexual abuse is perpetuated by one spouse upon another. ... Child abuse is the physical or psychological maltreatment of a child by an adult often synonymous with the term child maltreatment or the term child abuse and neglect. ... Child abduction is the abduction or kidnapping of a child (or baby) by an older person. ... Man and woman undergoing public exposure for adultery in Japan, around 1860 Adultery is generally defined as consensual sexual intercourse by a married person with someone other than his or her lawful spouse. ... Polygamy, literally many marriages in ancient Greek, is a marital practice in which a person has more than one spouse simultaneously (as opposed to monogamy where each person has a maximum of one spouse at any one time). ... Incest is sexual activity between close family members. ... Private International Law, International Private Law, or Conflict of Laws is that branch of law regulating all lawsuits involving a foreign law element where a difference in result will occur depending on which laws are applied as the lex causae. ... In Conflict of Laws, the issue of marriage has assumed increasing public policy significance in a world of increasing multi-ethnic, multi-cultural community existence. ... In Conflict of Laws, the issue of nullity (known as annulment in the United States) in Family Law inspires a wide response among the laws of different states as to the circumstances in which a marriage will be valid, invalid or null. ... In modern society, the role of marriage and its termination through divorce have become political issues. ... This article is about law in society. ... Parenting comprises all the tasks involved in raising a child to an independent adult. ...


Following ratification of the United Nations Convention on the Rights of the Child in most countries, terms such as "residence" and "contact" (known as "visitation" in the United States) have superseded the concepts of "custody" and "access". Instead of a parent having "custody" of or "access" to a child, a child is now said to "reside" or have "contact" with a parent. For a discussion of the new international standards, see parental responsibility. Ratification is the process of adopting an international treaty, or a constitution or other nationally binding document (such as an amendment to a constitution) by the agreement of multiple subnational entities. ... United Nations - Wikipedia, the free encyclopedia /**/ @import /skins-1. ... The United Nations Convention on the Rights of the Child is an international convention setting out the civil, political, economic, social and cultural rights of children. ... In Family Law, contact (or in the United States, visitation) is one of the general terms which denotes the level of contact a parent or other significant person in a childs life can have with that child. ... In the states of the European Union and elsewhere, parental responsibility refers to the rights and privilieges which underpin the relationship between a child and either its parents or those adults who have a significant role in its life. ...


Residence and contact issues typically arise in proceedings involving divorce (dissolution of marriage), annulment and other legal proceedings where children may be involved. In most jurisdictions the issue of which parent the child will reside with is determined in accordance with the best interests of the child standard. Divorce or dissolution of marriage is the ending of a marriage before the death of either spouse, which can be contrasted with an annulment, which is a declaration that a marriage is void, though the effects of marriage may be recognized in such unions, such as spousal support, child custody... Annulment is a legal procedure for declaring a marriage null and void. ... In law, jurisdiction from the Latin jus, juris meaning law and dicere meaning to speak, is the practical authority granted to a formally constituted body or to a person to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility. ... Best interests or best interests of the child is the doctrine used by most courts to determine a wide range of issues relating to the well being of children. ...


Family law proceedings which involve issues of residence and contact often generate the most acrimonious disputes. While many parents cooperate when it comes to sharing their children, not all do. For those that engage in litigation, there seem to be few limits. Court filings quickly fill with mutual accusations by one parent against the other, including sexual, physical, and emotional abuse, brain-washing, parental alienation syndrome, sabotage, and manipulation. It is these infrequent "super-heated" custody battles that make the news and sometimes distort the public's perceptions as to the prevalence of such disputes and the adequacy of the court's response. Family Law was a television drama starring Kathleen Quinlan as a divorced lawyer who attempted to start her own law firm after her lawyer husband took all their old clients. ... This article or section does not cite its references or sources. ... Physical abuse is abuse involving contact intended to cause pain, injury, or other physical suffering or harm. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... This article or section seems not to be written in the formal tone expected of an encyclopedia entry. ...


Prior to the Uniform Child Custody Jurisdiction and Enforcement Act, when parents sought an advantage in a custody tug-of-war, they would move to a "friendly" jurisdiction (that is, a region with a history of rulings favorable to their position). However, after the UCCJA was adopted by all 50 states, family law courts were forced to defer jurisdiction to the home state, and this custody battle tactic lost favor. The Uniform Child Custody Jurisdiction And Enforcement Act (UCCJEA) is a Uniform Act drafted by the National Conference of Commissioners on Uniform State Laws in 1997. ...


Courts and legal professionals are beginning to use the term parenting schedule instead of custody and visitation. The new terminology eliminates the distinction between custodial and noncustodial parents, and also attempts to build upon the so-called best interests of the children by crafting schedules that meet the developmental needs of the children. For example, younger children need shorter, more frequent time with parents, whereas older children and teenagers can tolerate and may demand less frequent shifts, but longer blocks of time with each parent.


See also

Child abduction is the abduction or kidnapping of a child (or baby) by an older person. ... This article or section needs to be wikified. ... Child custody and guardianship are legal terms which are sometimes used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parents duty to care for the child. ... In many countries, child support is the ongoing obligation for a periodic payment made by a non-custodial parent to a custodial parent, caregiver or guardian, for the care and support of children of a relationship or marriage that has broken down. ... Divorce or dissolution of marriage is the ending of a marriage before the death of either spouse, which can be contrasted with an annulment, which is a declaration that a marriage is void, though the effects of marriage may be recognized in such unions, such as spousal support, child custody... Family Law was a television drama starring Kathleen Quinlan as a divorced lawyer who attempted to start her own law firm after her lawyer husband took all their old clients. ... A family court is a court convened in the UK to make orders in respect of childrens residence. ... It has been suggested that Australian family law be merged into this article or section. ... Joint custody is a court order whereby custody of a child is a awarded to both parties. ... The mens movement, like most social movements, comprises a number of streams, intersecting in a variety of ways, sometimes opposing each other. ... This article or section seems not to be written in the formal tone expected of an encyclopedia entry. ... Mens rights is a stream in the mens movement. ... This article or section seems not to be written in the formal tone expected of an encyclopedia entry. ... The examples and perspective in this article do not represent a worldwide view. ... Paternity is the social and legal acknowledgment of the parental relationship between a father and his child. ... In Family Law, residence is an Order of the Family court under s8 Children Act 1989 following the breakdown of a marriage and determining where the child(ren) are to live and with whom. ... Shared parenting is the common term used to describe a family arrangement after separation or divorce, in which the care of the children is substantially shared between the biological father and mother, leading to a situation where the child knows that both his or her parents are involved in their... For the general principles, see Residence in English law Shared residency, or joint residency, refers to the situation where the child(ren) of parents who have divorced or separated reside(s) with each parent at different times, and each parent has equal status in law. ... http://www. ...

External links


  Results from FactBites:
 
Encyclopedia4U - Child custody - Encyclopedia Article (250 words)
Child custody is the legal term used to describe the legal and physical relationship between a parent and child; it comes into question in proceedings involving dissolution of marriage, annulment and other legal proceedings where the residence and care of children are concerned.
In most jurisdictions child custody is determined by the best interests of the child standard.
Custody may not be awarded to a person other than the father or mother, except under unusual circumstances which require a hearing.
  More results at FactBites »

 
 

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