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Is there any reason to get legal custody of a child if the parents are separated but get along and have no visitation or support issues?
Wiki User
∙ 2009-06-12 17:21:28
Yes, because one day difficulties will arise and then if the other parent petitions first that parent usually gets what they want. One day one of you might decide to get remarried and that will cause several disagreements. ----
As stated by the first answer, things can arise to create difficulties. But, this need not require the hiring of attorneys. WARNING: LONG WINDED OLD FART
An uncontested divorce or paternity action need not require the two of you to hire attorneys. You need only find a Certified Mediator, hack out the agreement, in detail, file it with the court, and set a hearing date. On that day the judge will swear both of you in, ask if you both agree to the terms set down in the document, than everyone signs it. Generally, there is a 30-60 day waiting period for the document to be recorded with the county and state registries.
The mediator will be a lawyer or paralegal, with specialized training. Each of you MUST pay half the fees. The fees could run from $200 to $1000, depending on the going rates in your area, and time spent on the document. Court fees could run $50 to $150, but if you are tight on money, you could request a waiver.
These are the things you NEED to cover in the document.
CUSTODY Soul Custody Joint Legal Custody Joint Physical Custody Bird Nest Custody (see below)
VISITATION
How close do you live to him?
How old is the child?
How often?
What specific weeks, or months?
What specific holidays on in a list of years, do each parent get the children?
What if the custodial parent wants to move out of state?
MEDICAL
Who covers medical insurance?
Who decides on treatment?
CHILD SUPPORT
How much?
Weekly, Bi-Weekly, or Monthly?
How Long? Eighteen, High School, or End of College
Do you split the cost of college?
What state(s) may they attend in?
What is the minimum amount of college credit hours the child must take?
Who gets the tax deduction(s)?
What if the child gets pregnant? Does child support stop?
DEATH
If the residential parent dies, who gets the child? Never assume anything.
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It's a form of access or custody where the children stay in the former family residence and it is the parents who rotate in and out separately and on a negotiated schedule.
The children simply live at "home" and the separated or divorced parents take turns living with them there, but never at the same time.
The core element of this arrangement is that each parent maintains a separate residence where they live when it is not their turn at the "bird's nest". When one parent arrives for his/her designated time, the other vacates right away, so as to minimize or eliminate the presence of both at the same time.
At times, bird's nest access can be coupled with specified access with the other parent say, for example, for dinner one night a week.
Sometimes, this form of access or custody will end when the youngest child reaches the age of majority at which time, one parent either buys the other out of their interest, if any, in the former family residence, or it is sold and the proceeds divided pursuant to the matrimonial property regime or separation agreement.
The arrangement can be expensive as it generally requires that three separate residences be maintained, the "nest" and a separate residence for each parent.
The concept is somewhat novel and appears to have as its origin a Virginia case Lamont v Lamont. In Canada, Greenough v Greenough was a ground-breaker case in that the Court implemented a bird's nest custody order even though it had not been asked for by either party. Justice Quinn, in Greenough stated:
"In Lamont ... the court made a bird's nest custody arrangement in which the children (aged 3 and 5 years) remained in the home, with the mother staying in the home during the week and the father on the weekend. I think that the benefits of a bird's nest order are best achieved where the children are able to stay in the matrimonial home, particularly if it has been the only residence that they have known....
"Time and time again I have seen cases (and this is one) where the children are being treated as Frisbees. In general, parents do not seem to appreciate the gross disruption to which children are subjected where one of the parents has frequent access. In this regard, I do not believe there must be evidence that the children are suffering before the court is free to act. To me, it is a matter of common sense. At the risk of falling prey to simplistic generalities, I am of the view that, given a choice, I do not see why anyone would select a living arrangement which involved so much movement from house to house." See link below
May I ask why the divorce or separation? It's very important that the child(ren) have both parents in the home. Is there nothing that can be done to preserve this?
See links below
Stanford University Divorce, Nontraditional Families, and Its Consequences For Children
"We know that children of divorced parents have more emotional and behavioral problems and do less well in school than children who live with both their Parent."
Fortune Magazine: Crime & Fatherless Families
"Ominously, the most reliable predictor of crime is neither poverty nor race but growing up fatherless."
Stay Married & Save The Planet
JOINT CUSTODY: Equal Time
How I divide my life between my divorced parents' homes. By Charlotte Juerge - Newsweek Web Exclusive - Dec 15, 2008
Father Makes Two - Time Magazine
By Margot Roosevelt Sunday, Nov. 11, 2003
Stupid Things Parents Do to Mess Up Their Kids
Ten Stupid Things Couples do to Mess up Their Relationships
The Proper Care and Feeding of Marriage
Fatherless America : Confronting Our Most Urgent Social Problem
Wiki User
∙ 2009-06-12 17:21:28
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Who has legal custody of a minor child when parents have never married in MO?
If the parents are going to split up, one needs to file with the courts to define custody, child support, visitation, etc.
Can an unwed mother keep the father out of the baby's life?
Generally, if the parents are unmarried, the mother has sole custody until the father establishes his paternity legally. Until then she can refuse visitation. However, when the father's paternity has been established he can request custody and/or a visitation schedule. He will also need to pay child support if the mother retains physical custody.
How can a father gain custody rights to his children in the state of Kentucky?
If the parents are unmarried the father must establish his paternity legally. Once he has established his paternity he can petition for custody, visitation and a child support order can be established. Unless you can prove the mother is unfit to be a parent, it is really hard to take custody away from the mother in Kentucky. However, a father may be awarded joint custody or/and a visitation schedule. He should seek the help of an attorney who specializes in custody issues.
In Florida what rights does a minor father have for custody or visitation of his child?
You have the right for scheduled visitations and to pay child support after paternity has been established by a DNA test. Before that you have no rights. Afterwards you can petition the court for visitation and custody.
If a father has custody can he keep the child from her mother if she is not paying child support?
No, child support and child visitation are two different matters. Neither a father nor a mother can be denied visitation based on the fact that they are not paying child support.
Can you be legally separated and have joint custody?
Yes. If you are legally separated then you are still married and both parents have equal rights and obligations to the child. The court can issue a support order, custody order and visitation order if necessary. You should consult with an attorney to determine your options under your state laws.Yes. If you are legally separated then you are still married and both parents have equal rights and obligations to the child. The court can issue a support order, custody order and visitation order if necessary. You should consult with an attorney to determine your options under your state laws.Yes. If you are legally separated then you are still married and both parents have equal rights and obligations to the child. The court can issue a support order, custody order and visitation order if necessary. You should consult with an attorney to determine your options under your state laws.Yes. If you are legally separated then you are still married and both parents have equal rights and obligations to the child. The court can issue a support order, custody order and visitation order if necessary. You should consult with an attorney to determine your options under your state laws.
If the father has visitation rights and has not seen the child can you get full custody and receive child support?
How does he have any visitation rights with a custody and child support order?
If you pay child support can you see your child?
Child support and custody/visitation are separate issues. You should contact your local courts to file for visitation/custody if the custodial parent is denying visitation.
What are child custody laws for unmarried parents in virginia?
The mother has full custody. The father have to prove paternity by providing DNA in court and he can then ask for custody, visitation and pay child support.
Who has legal custody of a minor child when parents have never married in MO?
If the parents are going to split up, one needs to file with the courts to define custody, child support, visitation, etc.
Does the father have visitation rights if on child support?
No. Child support, visitation and custody are separate issues that must be addressed by court orders. The father must petition the same court for a visitation order. If the parents cannot agree on a schedule one will be set by the court.
What rights does a father have if he has never paid child support and hasnt seen his child in 13 months?
Child support and visitation are separate issues and visitation rights are not dependent on paying child support. He has the right to petition the court for visitation and custody as well as the responsibility to pay child support. The courts encourage the involvement of both parents in the child's life. If the parents are not married the father may need to establish his paternity before petitioning for visitations or custody.
If you have legal and full custody can you still receive child support?
Absolutely. Unless the other parents rights have been terminated by a judge, (s)he must pay child support according to the state calculator. Visitation and custody are not related to support.
Can you collect child support without getting divorced?
In the US, if you're separated you can get a temporary order for child support. By the way, it's a good idea to get temporary orders for custody and visitation too.
Who has legal custody of a minor child when parents never married in Oregon?
The mother. The father have to apply in court for visitation or custody after paternity have been established. Then he can also pay child support.
Can a father win custody if he is behind in child support?
In Alabama custody and visitation have nothing to do with child support. Not sure about other states.
What are child custody laws for unmarried parents in Alabama?
The mother automatically have custody since there is no doubt she is the parent. The father have to establish paternity by doing a DNA test and then he can petition for visitation, custody and also pay child support.
