Youngster Legal care - Mutual Legal care as

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NY family lawyer

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Youngster Legal care - Mutual Legal care as well as the Welfare of this Kid Common:

Youngster Legal care - Mutual Legal care as well as the Welfare of this Kid Common Within the top curiosity of one's youngster" or perhaps "children's welfare" is most likely the well-known mantra of a the family unit courtroom, that is certainly common throughout infant custody procedures nowadays, but it is interpretation simply by the family unit the courtroom or perhaps divorce judges is frequently arbitrary as well as that means remains imprecise. Moreover, the law regarding child custody varies from state to state leaving no uniform legal position regarding what is in the best interest of the child. Some states have a preference and presumption towards joint custody while others do not. Some states are amending its law to adopt a preference and presumption for joint custody while others are amending its law to allow joint custody only when the parents agree to it. Like most states the standard for child custody determination in California is the overall best interest of the child such that it assures the "health, safety, and welfare" of the child and "frequent and continuing contact" with both parents. However, California does not establish a preference or a presumption for or against joint custody or custody to one parent and therefore leaves the parenting plan decision up to the discretion of the family court or a judge.

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In 1979, California adopted a presumption for joint custody, but later amended the law in 1994 to allow joint custody only when the parents agreed to it.

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Regardless of each states position for or against a presumption or preference in favor of joint custody and whether or not it has been specifically authorized, overall there appears to be a growing trend in favor of joint custody and more and more bills being introduced to adopt a presumption for joint custody being in the best interest of the child unless certain circumstances apply, such as convincing evidence that a parent is unfit or it would not be in the best interest of the child to award joint custody. If you are involved in a child custody dispute, whether it is the initial child custody determination or a child custody modification, you would be wise to consult a Family attorney NYC in your jurisdiction to help you learn what the law and standard for custody determinations is in your area and how it applies to your specific situation. Further you will want to learn what factors the court will consider in determining the best interest of the child so you are fully aware of your child custody rights and responsibilities.

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