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| Family law |
|---|
| Entering into marriage |
| Prenuptial agreement · Marriage |
| Common-law marriage |
| Same-sex marriage |
| Legal states similar to marriage |
| Cohabitation · Civil union |
| Domestic partnership |
| Registered partnership |
| Putative marriage |
| Dissolution of marriage |
| Annulment · Divorce · Alimony |
| Issues affecting children |
| Paternity · Legitimacy · Adoption |
| Legal guardian · Ward |
| Emancipation of minors · Foster care |
| Child Protective Services |
| Parental responsibility |
| Contact (including Visitation) |
| Residence in English law |
| Custody · Child support |
| Areas of possible legal concern |
| Spousal abuse · Child abuse |
| Child abduction · Child marriage |
| Adultery · Bigamy · Incest |
| Conflict of Laws Issues |
| Marriage · Nullity · Divorce |
Child custody and guardianship are legal terms which are sometimes used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child. Family law is an area of the Law that deals with family-related issues and Domestic relations including but not limited to the nature of A prenuptial agreement, antenuptial agreement, or premarital agreement, commonly abbreviated to prenup or prenupt, is a Contract entered NOTICE TO WOULD-BE ROMEOS ************** Common-law marriage (or Common law marriage) sometimes called de facto marriage, informal marriage or marriage by habit and repute Same-sex marriage (also referred to as gay marriage) is a term for a legally or Socially recognized Marriage between two people of the same Cohabitation is when people live together in an emotionally- and/or physically- Intimate relationship. A civil union is a legally recognized union similar to Marriage. A domestic partnership is a legal or Personal relationship between two individuals who live together and share a common domestic life but are neither joined by a traditional Registered partnership is one of several terms synonymous with a Civil union or Civil partnership similar to Marriage, typically created in order to provide A putative marriage is an apparently valid Marriage, entered into in Good faith on the part of at least one of the partners but that is legally invalid due to Annulment in the Catholic Church See also Annulment (Catholic Church In the Roman Catholic Church, a marriage is considered to be a valid contract Divorce or dissolution of marriage is the termination of a Marriage. Alimony, maintenance or spousal support is an obligation established by Law in many countries that is based on the premise that both spouses have an absolute In law Paternity is the legal acknowledgment of the parental relationship between a man and a child usually based on several factors In Common law, legitimacy is the status of a Child that is born to parents who are legally married to one another or that is born shortly after the Adoption is the act of legally placing a child with a Parent or parents other than those to whom they were born A legal guardian is a person who has the legal authority (and the corresponding duty to care for the personal and Property interests of another person called a ward In Law, a ward is someone placed under the protection of a Legal guardian. Emancipation of minors is a legal mechanism by which a child is freed from control by their parent(s/guardian(s and the parent(s/guardian(s is/are freed from any and all responsibility Foster care is a system by which a certified stand-in "parent(s" cares for minor Children or young peoples who have been removed from their birth parents Child Protective Services (CPS is the name of a Governmental agency in many states of the United States that responds to reports of Child abuse In the states of the European Union and elsewhere parental responsibility refers to the rights and privileges which underpin the relationship between a In Family law, contact (or in the United States, visitation) is one of the general terms which denotes the level of contact a parent or other significant Residence is a term used to refer to not always similar concepts in various parts of English law including taxation immigration and family law In family law and government policy child support or child maintenance is the ongoing obligation for a periodic payment made directly or indirectly by a non-custodial parent Domestic violence (also known as domestic abuse or spousal abuse) occurs when a family member partner or ex-partner attempts to physically or psychologically dominate Child abuse is the physical, psychological or sexual maltreatment of children Child abduction is the abduction or kidnapping of a Child (or Baby) by an older person Child marriage usually refers to two separate social phenomena which are practiced in some societies Adultery is the voluntary Sexual intercourse between a married person and another person who is not his or her Spouse, though in many places it is The term polygamy (a Greek word meaning "the practice of multiple marriage" is used in related ways in Social anthropology, Sociobiology, and Incest refers to any sexual activity between closely related persons (often within the immediate family that is illegal or socially Taboo. Conflict of laws (or private international law) is that branch of International law and intranational interstate law that regulates all Lawsuits involving In Conflict of laws, the issue of Marriage has assumed increasing public policy significance in a world of increasing multi-ethnic multi-cultural Community In Conflict of Laws, the issue of nullity (known as Annulment in the United States) in Family Law inspires a wide response among the laws In modern Society, the role of marriage and its termination through Divorce have become political issues A legal guardian is a person who has the legal authority (and the corresponding duty to care for the personal and Property interests of another person called a ward Law is a system of rules enforced through a set of Institutions used as an instrument to underpin civil obedience politics economics and society A parent is a Father or Mother; one who sires or gives
Following ratification of the United Nations Convention on the Rights of the Child in most countries, terms such as "residence" and "contact" (known as "visitation" in the United States) have superseded the concepts of "custody" and "access". Ratification is the act of giving official sanction or approval to a formal document such as a treaty or constitution The United Nations ( UN) is an International organization whose stated aims are to facilitate cooperation in International law, International security The United Nations Convention on the Rights of the Child, often referred to as CRC or UNCRC, is an international convention setting out the civil political Residence is a term used to refer to not always similar concepts in various parts of English law including taxation immigration and family law In Family law, contact (or in the United States, visitation) is one of the general terms which denotes the level of contact a parent or other significant The United States of America —commonly referred to as the Instead of a parent having "custody" of or "access" to a child, a child is now said to "reside" or have "contact" with a parent. For a discussion of the new international nomenclature, see parental responsibility. In the states of the European Union and elsewhere parental responsibility refers to the rights and privileges which underpin the relationship between a
Residence and contact issues typically arise in proceedings involving divorce (dissolution of marriage), annulment and other legal proceedings where children may be involved. Divorce or dissolution of marriage is the termination of a Marriage. Annulment in the Catholic Church See also Annulment (Catholic Church In the Roman Catholic Church, a marriage is considered to be a valid contract In most jurisdictions the issue of which parent the child will reside with is determined in accordance with the best interests of the child standard. In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority Best interests or best interests of the child is the doctrine used by most Courts to determine a wide range of issues relating to the well-being of Children
Family law proceedings which involve issues of residence and contact often generate the most acrimonious disputes. Family law is an area of the Law that deals with family-related issues and Domestic relations including but not limited to the nature of While many parents cooperate when it comes to sharing their children, not all do. For those that engage in litigation, there seem to be few limits. Court filings quickly fill with mutual accusations by one parent against the other, including sexual, physical, and emotional abuse, brain-washing, parental alienation syndrome, sabotage, and manipulation. Sexual abuse, also referred to as molestation, is the forcing of undesired sexual acts by one person upon another Physical abuse is abuse involving contact intended to cause feelings of intimidation Pain, Injury, or other physical Suffering or Harm. Psychological abuse or emotional abuse is a form of abuse characterized by a person subjecting or exposing another to behavior that is psychologically harmful Brainwashing (also known as Thought reform or as Re-education) consists of any effort aimed at instilling certain attitudes and Beliefs Parental Alienation Syndrome is a term coined by Richard A Gardner to describe what he referred to as "a disturbance in which children are obsessively preoccupied with It is these infrequent "super-heated" custody battles that make the news and sometimes distort the public's perceptions as to the prevalence of such disputes and the adequacy of the court's response.
Forum shopping to gain advantage occurs both between nations and where laws and practices differ between areas within a nation, The Hague Convention seeks to avoid this, also in the United States of America, the Uniform Child Custody Jurisdiction and Enforcement Act was adopted by all 50 states, family law courts were forced to defer jurisdiction to the home state. Forum shopping is the informal name given to the practice adopted by some Litigants to get their Legal case heard in the Court thought most likely The Hague Convention on the Civil Aspects of International Child Abduction is a Multilateral Treaty developed by the Hague Conference on Private International The United States of America —commonly referred to as the The Uniform Child Custody Jurisdiction And Enforcement Act ("UCCJEA" is a Uniform Act drafted by the National Conference of Commissioners on Uniform State Laws
In some places, courts and legal professionals are beginning to use the term parenting schedule instead of custody and visitation. The new terminology eliminates the distinction between custodial and noncustodial parents, and also attempts to build upon the so-called best interests of the children by crafting schedules that meet the developmental needs of the children. For example, younger children need shorter, more frequent time with parents, whereas older children and teenagers can tolerate and may demand less frequent shifts, but longer blocks of time with each parent.
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Terminology
Sole custody is an arrangement whereby only one parent has physical and legal custody of a child. Child custody and '''guardianship''' are Legal terms which are sometimes used to describe the legal and practical relationship between a Parent and his
Joint custody is an arrangement whereby both parents have legal custody and/or both parents have physical custody. See also Child custody Joint custody is a Court order whereby custody of a child is awarded to both parties
Criticism of policies concerning determination of child custody
Current policies concerning the determination of child custody have been criticized by certain groups. The Fathers' rights movement has been characterized as a Civil rights movement whose members are primarily interested in issues affecting fathers and children related to For more information and rationale, see the main article.
See also
- Child abduction
- Child custody laws in the United States
- Child support
- Divorce
- Family law
- Joint custody
- Men's movement
- Women's movement
- Mothers' rights
- Women's rights
- Parental alienation syndrome
- Parenting plan
- Paternity
- Residence in English law
- Shared parenting
- Shared residency in English law
- Stepchildren of the state
References
External links
- Divorce Effects on Children
- A German site, but in English, on child abduction
- S.P.A.R.C. (Separated Parents Access & Resource Center)
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