Tag Archives: Custody of minors

Family Law: Divorce and Custody as not Mutually Exclusive Remedies

In most states, if a parent has a reasonable apprehension that the other parent will take their child or children for his/her own use, the parent may be able to file a motion for child custody pending divorce. The goal of these motions is to continue to have time with the child and to have visitation time. These motions generally have very little merit however. Visit www.ftlauderdaledivorceattorneys.com to get more relevant information about this.

Divorce and custody do not have to be mutually exclusive. As long as the divorce and custody process moves along in a timely manner, the court should find that it does not matter whether the parents are separated or not. But if there is a temporary separation, the courts must follow the Uniform Residential Rules to determine child custody status.

A parent who has physical custody of the child can request this while the divorce is being handled. This means the child lives in the home of the parent. But some states allow custody to be shared by one parent while the divorce is being processed. The URRs state that the best interest of the child must always be taken into consideration.

When a child is removed from the home of only one parent because of abuse or neglect, then the custody pending divorce motion will be necessary. It would also be necessary to file an action to terminate joint physical custody in such a situation.

The courts have found that when the father and mother have been involved in a domestic dispute that resulted in physical harm to the child, such as physical abuse, it is possible to terminate joint physical custody and the right to visitation. The courts need to consider many factors before they make a determination about joint physical custody and visitation.

If the child is located outside of the United States, and the parents contest whether or not visitation should be terminated, then it is necessary to make certain the custody motion is filed within the proper court jurisdiction. The mother must file for joint physical custody while the father files to terminate joint physical custody.

In most jurisdictions, the court will issue a custody judgment after a trial. This custody judgment usually states the date and time that the child will spend with each parent. It is important to note that the court may order that the child live with either parent.

It is very important to maintain contact with the child even if it is going to be with a third party. The courts cannot be sure if the child will grow up and stay with the parent. It is vital that the child and the other parent remain in constant contact to be able to predict whether or not the child will make the right decision in regards to its future.

Grounds Usually Used in Filing for Divorce in Court

There are some grounds for divorce that are not legal. In most states, these grounds are not available to the parties who want to end a marriage. They are typically things like poor marriage-making, unconsummated marriage, desertion, divorce or an unfavorable judge’s decision, said family attorneys, Texas.

In most states, these are the only applicable grounds for divorce. There are some exceptions to this rule. The ideal situation is that the court is certain that the parties can reach an agreement to resolve the dispute, and have the matter (and applicable grounds) filed without issue. A divorce will not be granted if a court does not have a good basis to allow the divorce.

Some marriage laws have valid grounds for divorce but have to be combined with other marriage laws to complete the divorce. Some such laws are following a previous marriage, a difference in ages or spouses being willing to cohabit outside of marriage. For more details about this get a free consultation with a great divorce attorney in Pittsburgh.

It is important to understand the various types of marriage law that apply to you and your situation. Some of these include religious or moral grounds, contractual or property grounds, property or support grounds, parental grounds, child-and-property grounds, adultery grounds, illegal entry grounds, fraud grounds, disaffection grounds, or spousal misconduct grounds. Even if one of these grounds applies to you, it will not be applicable to the other parties involved.

Some divorce laws have other conditions such as you or the spouse in question must not be a victim of domestic violence, for example. This is where a judge would make the final decision. For more about this, click here or you may contact the support team through the details provided in the contact page.

Some courts may not be as lenient when considering the agreements made in the marriage and are able to disregard any agreements made prior to the legal separation, with the agreements being considered null and void. This is referred to as the red-tape divorce.

If you or the other spouse is a victim of domestic violence, make sure you find a divorce attorney as soon as possible. An attorney with experience in these types of cases and the ability to negotiate the custody, division of property, and visitation issues will probably be able to help your case.

Property issues can also be difficult to resolve in a marriage. Property including bank accounts, income, and assets are the types of property that are likely to be divided between the parties and held in trust until the couple are both out of the marriage and a divorce is granted.

Alimony is a form of property or trust that is usually awarded in a divorce. Alimony is usually granted if one spouse was able to support the other through their lifetime. The same principles that govern other types of property are used to determine who gets alimony and how much alimony is granted.

Without a legal basis to grant a divorce, such as the parties agreeing to this, there is no divorce. Instead, the parties will simply file a lawsuit against each other and then work out a settlement agreement.