بازار خرید و فروش انواع پارچه | پارچه بازار قیمت، خرید، فروش انواع پارچه
When one parent receives custody, the other parent usually receives a fixed visitation. A supervised visitation requirement is unusual and is usually only ordered if the other parent is incapacitated. The number of visits the other parent receives can vary greatly. The main issues that determine the amount of the other parent`s visit are the geographical distance between the parent and the child (a parent living nearby may be visited more often) and the nature of the relationship between the parent and the child (if the non-custodial parent has a substantial relationship with the child, he is likely to get a more extensive visit). Visiting orders can also be built around the work schedule of the non-custodial parent: A parent who has an unusual work schedule (e.B. Police or firefighters), often receives a visit that coincides with their days off. A guardian`s ad litem recommendations, a parent`s emotional stability, and the support network are factors to consider when awarding custody. The willingness of a parent to share the costs of transportation for the visit and to allow a liberal visit are factors to be taken into account when awarding custody. Radtke v. Radtke, 297 pp.C. 260, 376 pp.E.2d 275 (1989); Unless the court decides otherwise, custody of an illegitimate child rests exclusively with the biological mother, unless the mother has waived her rights to the child. If paternity has been acknowledged or decided, the father may apply to the court for access or custody in legal proceedings, with the exception of an action for a declaration of paternity. In every custody order, the family court often imposes restrictions on both parents.
They usually include restrictions against: exposing the child to paraloves or members of the opposite sex who are not related by blood or marriage overnight; denigrate the other or the other`s family in front of the child or allow people around him to do so, and; be drunk, use illicit drugs or abuse prescription drugs in front of the child or while in custody or visiting with the child. Some judges may impose additional restrictions on each parent who acts in a way that they deem harmful to the child. A list of additional restrictions that the courts sometimes impose can be downloaded here: Child Custody Restraints Guardians ad Litem (S.C. Code Ann. § ۶۳-۳-۸۱۰ (۲۰۱۰); S.C. Code Ann. 63-3-830 (2010)) When an action for custody is brought, the court appoints a guardian ad litem. Ad litem guardians are independent persons who interview parents, children, family members, friends, school staff and others involved in family life and collect evidence for children in order to give the court a recommendation on the best custody arrangement for the child. Because there are so many factors that can be considered to determine the “best interests of the child,” custody cases are usually time-consuming and expensive.
The number of factors deemed relevant to the issue of the best interests of the child has increased over time and is often expanded by creative lawyers. For example, in the last decade alone, the problem of parents smoking in and around the child has become more prominent as the court is educated on second-hand smoke issues. A parent`s educational and parenting skills are legitimate factors to consider when awarding custody. Davenport v. Davenport, 265 pp.C. 524, 220 pp.e.2d 228 (1975); The “doctrine of tender years” was abolished by law. S.C. Code Ann. § ۶۳-۱۵-۱۰٫ This means that it is no longer presumed that a mother will be granted custody of an infant. Once a child is eighteen years old, the family court can no longer order custody or access.
Holcombe v. Kennison, 300 pp.C. 479, 388 pp.E.2d 807 (1990). In deciding on the custody of a minor child, in addition to other factors established by law, the court shall give weight to evidence of domestic violence as defined in article 16-25-20 or article 16-25-65, including, but not limited to: (1) physical or sexual violence; and (2) where applicable, evidence from the party who was the principal aggressor within the meaning of article 16-25-70. The absence or relocation of a person against whom domestic violence has been committed, if that person is not the main aggressor, cannot be considered by the court to be a sufficient ground, unless there are other factors for denying that person custody of the minor child. S.C. Code Ann. § ۶۳-۱۵-۴۰٫ Indian Children (S.C. Code Ann. § ۶۳-۱۵-۳۰۶) The information provided does not apply to custody proceedings involving an Indian child within the meaning of the Indian Child Welfare Act, 25 U.S.C§ ۱۹۰۱, et.
(۲۰۱۳). South Carolina law has no presumed preference over fathers, or fathers over mothers in custody cases. As mentioned in Code S.C. § ۶۳-۵-۳۰: The general belief that mothers generally receive custody is based on the fact that mothers are primarily the parent who stays at home (or works part-time) to care for the children of the parties. If a child is born out of wedlock, South Carolina law assumes that the mother has custody until the family court decides otherwise. South Carolina law requires the family court to establish the “best interests of the child” in determining custody. Although there is no rule of law requiring custody to be granted to the primary custodian, custody is supposed to be assigned to the primary custodian. Patel v.
Patel, 359 pp.C. 515, 533, 599 pp.E.2d 114 (2004). The amount of time a parent has to spend with a child is a factor to consider when determining custody. Shainwald v. Shainwald, 302 pp.C. 453, 395 pp.E.2d 441 (Ct. App. 1990); An action for custody or divorce challenging custody must be brought by a lawyer. If custody is contested, both parties to the claim must participate in mediation. The mother and father are the joint biological guardians of their minor children and are also responsible for the welfare and education of their minor children and for the care and administration of the estate of their minor children; and the mother and father have the same powers, rights and obligations, and neither parent has an overriding right to the right of the other with respect to the custody of the minor or the control of the minor`s services or income or any other matter concerning the minor. Every parent, whether or not the custodial parent, has equal access and the same right to receive all school and medical records of his or her minor children, as well as the right to participate in their children`s school activities, unless prohibited by court order.
Neither parent may forcibly remove a child from the guardianship of the parent who is legally entitled to custody of the child. Parental plans (S.C. Code Ann. § ۶۳-۱۵-۲۲۰) Parents must submit to the court in custody proceedings parental plans that reflect parental preferences, how much time the child will spend with each parent, and which parent will make important decisions for the child, including the child`s upbringing, medical and dental care, extracurricular activities, and religious training. Article 63-15-240 (B) of code S.C sets out in one paragraph the criteria that the court must consider in determining custody: In general, in each contested custody case, the court appoints a guardian ad litem at the first temporary hearing. The guardian acts as the child`s representative and undertakes to respect the best interests of the child. The guardian will examine aspects of the child`s life, talk to the parties and their witnesses, and observe the child with each parent and in each parental home. Often the guardian is a lawyer, but the guardian may be a non-lawyer who has experience with children (often a retired social worker or teacher). See The Brave New World of Guardians Ad Litem and Custody -Fantasy and Realism for more information on what the Guardian does ad litem.
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