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Chapter 14
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Custody Custody Access Best interests of the child
Which parent the child will live with Access Which parent will have visitation rights Best interests of the child Home environment Parent-child relationship Parenting abilities Emotional, mental, physical health of each parent Support available from relatives Parent’s and child’s schedules Keeping siblings together Childs wishes
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Factors determining Custody
Family mediation agreements Not relying on traditional roles for determining custody Stability of home environment Interim custody often gets permanent custody Primary caregiver Attending children’s events, taking to medical appointments, etc. Separation of siblings Seldom separated unless there is a good reason If they are separated, often mother gets girls, father gets boys
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Tender-years Principle
Children preferences As children get older, their opinion is weighted carefully 8 to 13 are weighted carefully 14 and up are seriously considered Parental Conduct Adultery will not likely have impact on custody, compared to drug and abuse would be major factors Religion Custodial parent determines religion Tender-years Principle Mothers were better parents up until age of 6 or 7
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Types of Access Joint Custody Types of Access
Equal time between each parent Types of Access Reasonable access Non custodial parent spends nearly as much time with child as custodial parent Specified access Precise times spent with non custodial parent Supervised access Precise times spent with non custodial parent are supervised
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Mobility Rights Mobility Rights
The right of the custodial parent to move the children to another location Parent may want to move for marriage, job opportunity, problems with non custodial parent
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Child Support Both parents must contribute to meet their child's needs
Child support is determined by Non-custodial parent’s total income The number of children to be supported federal child support table (see figure in Text) Other expenses may include special medical treatments, extracurricular activities, and education expenses
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Prenuptial Agreements
Contracts
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