Jan 14

Deciding Child Custody in Different States

The child custody arrangements are often thrown into a sort of tailspin when one parents decides to move to a different state.  For a parent to move a child though, the motion needs to be filed through the court.  The other parent needs to have a certain of time to contest this move.  Permission from the court is needed before one parent can move the child to a different state.

In cases where the parents now live in different states, it can be unclear as to which state has jurisdiction over future legal matters pertaining to the custody of the children.  The Uniform Custody Jurisdiction and Enforcement Act lays out a standardized set of rules for determining which state has jurisdiction over custody matters, this helps to lower confusion with regard to legal standards.

The act works by establishing the idea of a home state.  Under the act this state will usually have jurisdiction in custody issues.  The determination of which to state to make the state is established by where the child resided for the six months prior to the case being brought to court.  The original home state can lose jurisdiction, however, if neither parent or the child live in the state anymore, or if the court determines that the child no longer has a significant connection to that state.

If you are not sure where jurisdiction lies for your situation, contact a professionals that can help you.

Jan 14

Considerations in Awarding Custody

Working out the custody arrangement during a divorce is one of the most challenging aspects of the process in question.  Courts can sometimes decide custody based on the best interests of the children, but some of that is going to reside on the parent’s ability to prove their case in court.

In more hostile proceedings a parent might have to demonstrate that they are indeed there to serve the child’s best interests.  Of course this is not always something that the court agrees with, and unfortunately this can lead to disagreements which result in trials.  The use of a solid legal professional who can provide you with advice in these matters is very important, so take them seriously.  In some cases where both parents go after one another enough in court the judge may find that neither parent is fit, and this is why one should be careful to walk a fine line if possible.

If the child is older the court can take that child’s preferences into account with regard to where they want to live and what they want to do.  The different types of custody include legal and physical custody, with legal pertaining to decision making, while physical pertains to who the children will be residing with most of the time.  Sole custody of either type can be awarded to either parent, or they can both be jointly awarded.

Jan 14

Fathers Rights and School Records

In the wake of many divorces some non-custodial parents might still retain the right to view their child’s school records.  Some of the exceptions to this are if the legal status of the parent in question has been terminated by the court, or if the divorce decree happens to state that the non-custodial parent cannot have access to these records.  The custodial parent cannot decide whether or not to restrict access on their own.

Federal Law protects the rights of non-custodial parents to see their children’s school records in certain situations.  The Family Educational Rights and Privacy Act requires that schools provide academic information to the parents of a given child, regardless of marital status, unless there is a court order which states to the contrary.

If the parent wants to get access to a certain child’s academic records, then they are going to need to speak with a legal professional in order to see what their options are.  If this is not an option than contacting the school directly would be the next route to take.