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Difference Between Legal, Physical And Sole Custody?
What Is The Difference Between The 3? How Easy Is It To Get Visitation If You Have Either? Thanks :)
Legal custody means recognized as a parent by the courts. It pertains to legal responsibilities (mostly financial) as well as legal rights (to decide how a child is raised, things like education and religion).
Physical means the child resides mostly in that household, with vistiation to the other parent.
"Sole custody" means specific things by court order, but generally it means that parent holds all legal rights and responsibilities, plus physical custody.
Custody is not usually relevant to visitation, although for one parent to have "sole custody" usually means the other parent has either had rights removed by the state, or has relinquished all rights, including those of visitation.
Child Custody Need Any Advice?
Okay This The 411 On Me. My Sons Dad Did Nt Bother To Go To Parenting Class Not To Default Anything When I Went To File For Full Custody And Not That He Has Receive Papers In The Mail He Finally Did Something. He Has A Lawyer And Its His Friend And I Don'T. Im Not Trying To Talk Him Away From His Father Cause That'S The Last Thing I Want To Do. It Just Gets Me Mad That He Works Under The Table And Hes 37 And Still Lives With His Mom Who'S A Bad Grandma Because She Doesn'T Even Keep A Close Eye On The Two Grand Daughter That'S He Has To Take Care Of. I Just Need Some Advice On What I Need To Do To Get My Son. I Need Any Thing. I Need To Be Ready For Court Coming Thins Feb. 11 With Me I Know My Some Will Have A Better Feature And That'S All I Want. I Don'T Want My Son To Grow In A Family That'S Always Has Drug Issues, No Responsibly And Are Low Life'S Living Off The Gov. While Me And Other Try And Work Ow-Er *** Off To Make It Better For Ow Er Children.
When you use all caps online, it's considered shouting. It also makes a post VERY hard to read, which is why you will see a warning on the right side of your screen when you write it.
Anyway, about your questions:
In order to retain or win custody of your son, you need to take care of YOUR business. Show, by example, that you are the best parent for your child. Be working, and have documentation to the court. Show that you have adequate care arranged for your son, while you work. Show that he will enrolled in school or preschool if he's of an age to be there. Show the ways that you are the "fit" parent. Go to the website listed below, look up your state and find the children's code in your laws. READ it and read it again. Most will list the specific things that the court looks at when determining what is in the best interests of the child. Make it your JOB to provide those things that the court requires to consider you the best parent for the child.
When you are in court and answering to the judge, continue to state the ways YOU are fit, NOT all the ways the he or his family are "unfit"... the judge can figure that out for himself! Usually judges will appoint someone as an independent evaluator, to conduct an investigation into which household is better for the child. If you're not employed, or adequately housed, these factors will also be strikes against you.
For the most part, you need the FACTS and only the FACTS of the case. Don't make accusations with wild emotion that you are not prepared to PROVE to the court! If you suspect that there is a history of drug use or abuse in the father's family, you can't use that against him unless you have PROOF... and even then, the court may consider this only heresay evidence and NOT admissable. So, saying all the stuff like you wrote in your post can only serve to tear you down. I wouldn't use that in court.
From re-reading your post, you sound very immature. I would be VERY careful about how you speak and what you say when you're in court. Granted, you want the best future for your son, but if you don't have VISABLE and clear PROOF of the resources needed to care for and raise a child, the judge will not believe your intentions. He wants to see actual proof of your working, your education, your abilities to put your child before yourself and do what is best for him. If you are too busy trying to tear down your baby's daddy, you won't be able to show the judge your potential. So, be VERY careful!
Good luck and take good care. Feel free to message me if you have any more questions or concerns, but please, take your caps lock off when you do! ; )
I Have A Dui Court Date On Tues. Does It Matter If My Lawyer Goes To Court For Me, Or If I Am Present As Well?
I Had A Dui In Riverside County, California. I Blew A .18 At The Cop Car, And Then Blew At The Police Station 2 Hours Later (I Dont Know What I Blew There). I'M An Out Of State Student That Moved Here To Do An Internship In The Health Field. I Am 23.
I Hired A Lawyer Who Is Going To Enter My Plea Of Guilty On Tuesday. The Lawyer Can Go On My Behalf, Which Is Great Because The Court Is 3 Hours From Where I Currently Live And I Have A Really Stressful Internship I Am Doing That I Would Have To Leave For A Day.
My Gut Feeling Says That It Looks More Responsible To A Judge If I Am Present As Well, But I Heard Others Say It Makes No Difference. Has Anyone Been In This Situation And Has Some Advice?
Please, No Awful Answers...There'S No Way To Express How Sorry I Am And How Much Stress I Have Faced Because Of This.
For those who don't know, California permits defendants in misdemeanor cases to appear through counsel. No warrant will be issued for your arrest. In most courts, the sentence for a first time DUI is pretty standard, and I would assume your attorney has already told you what the sentence will be. That will not change, whether you are there or not. If your attorney thought it would be better for you to be there, he would have told you so. While it is true that a DUI can have lots of collateral consequences, your appearance in court is not going to change that.
How Do I Find The Best Personal Injury Lawyer For My Father'S Death?
In May 2012, My Father Was Hit By A Car When Riding His Bicycle, He Later Died. We Have A Lot Of Unanswered Questions And No Idea Where To Start. How Can I Find A Legit Lawyer, In My Area, That I Can Trust Wont Take Advantage Of Me And My Family? How Do I Go About Finding The Best Lawyers?
You select a couple of lawyers and you interview them
You look up their record (public record)
You talk it over
And the prosecutor will handle this anyway, not you
You would need to sue the drivers insurance company in civil court
And if death occurred this is not a personal injury case it is a wrongful death case
Full Custody Versus Joint Custody?
My Now Ex-Husband Told Me I Couldn'T Have Full Custody Because We Had A Parenting Plan. It Had To Be Listed On The Legal Papers As Joint Custody Subject To The Parenting Plan. Is This True? I Think He May Have Pulled One Over On Me.
Joint custody is the standard now. I was involved in the passage of those laws in the late 80s and early 90s. Currently I promote Bird Nesting.
It’s a form of access or custody where the children stay in the former family residence and it is the parents who rotate in and out separately and on a negotiated schedule.
The children simply live at "home" and the separated or divorced parents take turns living with them there, but never at the same time.
The core element of this arrangement is that each parent maintains a separate residence where they live when it is not their turn at the "bird's nest". When one parent arrives for his/her designated time, the other vacates right away, so as to minimize or eliminate the presence of both at the same time.
At times, bird's nest access can be coupled with specified access with the other parent say, for example, for dinner one night a week.
Sometimes, this form of access or custody will end when the youngest child reaches the age of majority at which time, one parent either buys the other out of their interest, if any, in the former family residence, or it is sold and the proceeds divided pursuant to the matrimonial property regime or separation agreement.
The arrangement can be expensive as it generally requires that three separate residences be maintained, the "nest" and a separate residence for each parent.
The concept is somewhat novel and appears to have as its origin a Virginia case Lamont v Lamont.
In Canada, Greenough v Greenough was a ground-breaker case in that the Court implemented a bird's nest custody order even though it had not been asked for by either party. Justice Quinn, in Greenough stated:
"In Lamont ... the court made a bird’s nest custody arrangement in which the children (aged 3 and 5 years) remained in the home, with the mother staying in the home during the week and the father on the weekend. I think that the benefits of a bird’s nest order are best achieved where the children are able to stay in the matrimonial home, particularly if it has been the only residence that they have known....
"Time and time again I have seen cases (and this is one) where the children are being treated as Frisbees. In general, parents do not seem to appreciate the gross disruption to which children are subjected where one of the parents has frequent access. In this regard, I do not believe there must be evidence that the children are suffering before the court is free to act. To me, it is a matter of common sense. At the risk of falling prey to simplistic generalities, I am of the view that, given a choice, I do not see why anyone would select a living arrangement which involved so much movement from house to house."
I Installed Some Stonework For A Customer On Bank Budget And The Contractor/Owner Overspent The Money And To Make A Long Story Short, I Was Never Paid...
So After Endless Negotiations I Want To Remove All My Material...I Want The Police To Be Present When I Am Removing The Installed Items...
Do I Need To Go To Court Or Do I Need To Call The Police Department In Order To Do This?
Thank You For Your Help
Depends on what state you're in, but regardless, you obviously don't have a license or you would know the procedures for doing work, i.e. filing a mechanics' lien before you even buy your materials.
Now that you have completed the work, if there is any cement or concrete or any manner in which it is attached to the structure OR permanently affixed to the ground, you cannot touch it. In fact, even going onto the property now amounts to a trespass.
It's a civil matter now, the police will tell you so unless they are complete idiots.
you are going to have to sue whoever it is who hired you. since you are not a licensed contractor, you cannot file a lien.
see if you can work out some kind of payment plan and for heaven's sake, in the future make sure that your terms are clearly CIFIA - cash in fist in advance.