Related Research Articles
Family law is an area of the law that deals with family matters and domestic relations.
Child custody, conservatorship and guardianship are legal terms that are sometimes used to describe the legal and practical relationship between a parent and the parent's child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.
Alimony is a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce. The obligation arises from the divorce law or family law of each country.
In family law and public policy, child support is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other relationship. Child maintenance is paid directly or indirectly by an obligor to an obligee for the care and support of children of a relationship that has been terminated, or in some cases never existed. Often the obligor is a non-custodial parent. The obligee is typically a custodial parent, a caregiver, a guardian, or the state.
Grandparent visitation is a legal right that grandparents in some jurisdictions may have to have court-ordered contact with their grandchildren.
Parental supervision is a parenting technique that involves looking after, or monitoring a child's activities.
Shared parenting, shared residence, joint residence, shared custody or joint physical custody is a child custody arrangement after divorce or separation, in which both parents share the responsibility of raising their child(ren), with equal or close to equal parenting time. A regime of shared parenting is based on the idea that children have the right to and benefit from a close relationship with both their parents, and that no child should be separated from a parent.
A parenting plan is a child custody plan that is negotiated by parents, and which may be included in a marital separation agreement or final decree of divorce. Especially when a separation is acrimonious to begin with, specific agreements about who will discharge these responsibilities and when and how they are to be discharged can reduce the need for litigation. Avoiding litigation spares parties not only the financial and emotional costs of litigation but the uncertainty of how favorable or unfavorable a court's after-the-fact decision will be. Moreover, the agreement itself can authorize the employment of dispute-resolution methods, such as arbitration and mediation, that may be less costly than litigation.
Joint custody is a court order whereby custody of a child is awarded to both parties. In the United States, there are two forms of joint custody, joint physical custody and joint legal custody. In joint physical custody, the lodging and care of the child is shared according to a court-ordered parenting schedule with equal or close to equal parenting time. In joint legal custody, both parents share the ability to make decisions about the child, regarding e.g. education, medical care and religion, and both can access their children's educational and health records.
Child custody is a legal term regarding guardianship which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of legal custody, which is the right to make decisions about the child, and physical custody, which is the right and duty to house, provide and care for the child. Married parents normally have joint legal and physical custody of their children. Decisions about child custody typically arise in proceedings involving divorce, annulment, separation, adoption or parental death. In most jurisdictions child custody is determined in accordance with the best interests of the child standard.
In family law, contact, visitation and access are synonym terms that denotes the time that a child spends with the noncustodial parent, according to an agreed or court specified parenting schedule. The visitation term is not used in a shared parenting arrangement where the mother and father have joint physical custody.
The National Parents Organization (NPO) is a 501(c)(3) not-for-profit charitable and educational organization in the United States that promotes shared parenting. The organization focuses on family court reform, research and public education with the goal to make shared parenting the general norm in every state. The stated mission of the organization is to improves the lives of children and strengthen society by protecting every child's right to the love and care of both parents after separation or divorce and to seek better lives for children through family court reform that establishes equal rights and responsibilities for fathers and mothers.
The fathers' rights movement in the United States is a group that provides fathers with education, support and advocacy on family law issues of child custody, access, child support, domestic violence and child abuse. Members protest what they see as evidence of gender bias against fathers in the branches and departments of various governments, including the family courts.
A child protection registry or do not contact registry is an electronic database established by statute, to which a parent or guardian may add an "electronic contact point" that is used by or accessible to a child. The statute prohibits certain communications to contact points listed on the registry, and provides criminal penalties for violations of the prohibition.
International child abduction in Japan refers to the illegal international abduction or removal of children from their country of habitual residence by an acquaintance or family member to Japan or their retention in Japan in contravention to the law of another country. Most cases involve a Japanese mother taking her children to Japan in defiance of visitation or joint custody orders issued by Western courts. The issue is a growing problem as the number of international marriages increases. Parental abduction often has a particularly devastating effect on parents who may never see their children again.
Jeffery M. Leving is an American divorce attorney and author who specializes in matrimonial and family law. He is known primarily for his vocal advocacy of fathers' rights and hosts two radio shows. His television and radio commercials are well known in the Chicago area.
A noncustodial parent is a parent who does not have physical custody of his or her minor child as the result of a court order. When the child only lives with one parent, in a sole custody arrangement, then the parent with which the child lives is the custodial parent while the other parent is the non-custodial parent. The non-custodial parent may have contact or visitation rights. In a shared parenting arrangement, where the child lives an equal or approximately equal amount of time with the mother and father, both are custodial parents and neither is a non-custodial parent.
Parenting coordinator (PC) is a relatively new practice used in some US states to manage ongoing issues in high-conflict child custody and visitation cases by professional psychologist or a lawyer assigned by the Court. There are 10 states as of May 2011 that have passed legislation regarding parenting coordinators: Colorado, Idaho (2002), Louisiana (2007), New Hampshire (2009), North Carolina (2005), Oklahoma (2001), Oregon (2002), Texas (2005), and Florida (2009). Legislation has been pending in Massachusetts for many years without significant progress.
Cyberstalking and cyberbullying are relatively new phenomena, but that does not mean that crimes committed through the network are not punishable under legislation drafted for that purpose. Although there are often existing laws that prohibit stalking or harassment in a general sense, legislators sometimes believe that such laws are inadequate or do not go far enough, and thus bring forward new legislation to address this perceived shortcoming. In the United States, for example, nearly every state has laws that address cyberstalking, cyberbullying, or both.
Supervised visitation allows parents in high conflict or high risk situations access to their children in a safe and supervised environment. The noncustodial parent has access to the child only when supervised by another adult. Supervised visitation is used to protect children from potentially dangerous situations while allowing parental access and providing support for the parent child relationship.
References
- ↑ Bach-Van Horn, Elizabeth (2008). "VIRTUAL VISITATION: ARE WEBCAMS BEING USED AS AN EXCUSE TO ALLOW RELOCATION?". Journal of the American Academy of Matrimonial Lawyers. 21: 171.
- ↑ Welsh, David (2008). "Virtual Parents: How Virtual Visitation Legislation Is Shaping the Future of Custody Law" (PDF). Journal of Law and Family Studies. 11 (1): 215. Retrieved 2010-03-16.
- ↑ Utah Code §§ 3-3-33 and 3-3-35 (2004)
- ↑ 2005 Wisconsin Session Laws 174.
- ↑ Texas Family Code § 153.015(b) (2007)
- ↑ Florida Statute § 61.13002 (2009)
- ↑ North Carolina General Statutes § 50‑13.2 (2009)
- ↑ Ofelia, Casillas (2010-01-22). "Divorced parents using virtual visitation". Chicago Tribune . Retrieved 2010-03-16.
