Shared Parenting
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Placement of Children with Relatives
STATE STATUTES Current Through January 2018 WHAT’S INSIDE Placement of Children With Giving preference to relatives for out-of-home Relatives placements When a child is removed from the home and placed Approving relative in out-of-home care, relatives are the preferred placements resource because this placement type maintains the child’s connections with his or her family. In fact, in Placement of siblings order for states to receive federal payments for foster care and adoption assistance, federal law under title Adoption by relatives IV-E of the Social Security Act requires that they Summaries of state laws “consider giving preference to an adult relative over a nonrelated caregiver when determining a placement for a child, provided that the relative caregiver meets all relevant state child protection standards.”1 Title To find statute information for a IV-E further requires all states2 operating a title particular state, IV-E program to exercise due diligence to identify go to and provide notice to all grandparents, all parents of a sibling of the child, where such parent has legal https://www.childwelfare. gov/topics/systemwide/ custody of the sibling, and other adult relatives of the laws-policies/state/. child (including any other adult relatives suggested by the parents) that (1) the child has been or is being removed from the custody of his or her parents, (2) the options the relative has to participate in the care and placement of the child, and (3) the requirements to become a foster parent to the child.3 1 42 U.S.C. -
Expert Evidence in Favour of Shared Parenting 2 of 12 Shared Parenting: Expert Evidence
Expert evidence in favour of shared parenting 2 of 12 Shared Parenting: Expert Evidence Majority View of Psychiatrists, Paediatricians and Psychologists The majority view of the psychiatric and paediatric profession is that mothers and fathers are equals as parents, and that a close relationship with both parents is necessary to maximise the child's chances for a healthy and parents productive life. J. Atkinson, Criteria for Deciding Child Custody in the Trial and Appellate Courts, Family Law Quarterly, Vol. XVIII, No. 1, American both Bar Association (Spring 1984). In a report that “summarizes and evaluates the major research concerning joint custody and its impact on children's welfare”, the American Psychological Association (APA) concluded that: “The research reviewed supports the conclusion that joint custody is parent is associated with certain favourable outcomes for children including father involvement, best interest of the child for adjustment outcomes, child support, reduced relitigation costs, and sometimes reduced parental conflict.” best The APA also noted that: the “The need for improved policy to reduce the present adversarial approach that has resulted in primarily sole maternal custody, limited father involvement and maladjustment of both children and parents is critical. Increased mediation, joint custody, and parent education are supported for this policy.” Report to the US Commission on Child and Family Welfare, American Psychological Association (June 14, 1995) The same American Psychological Association adopted -
Shared Parenting Laws: Mistakes of Pooling? Margaret F
Notre Dame Law School NDLScholarship Journal Articles Publications 2014 Shared Parenting Laws: Mistakes of Pooling? Margaret F. Brinig Notre Dame Law School, [email protected] Follow this and additional works at: https://scholarship.law.nd.edu/law_faculty_scholarship Part of the Family Law Commons Recommended Citation Margaret F. Brinig, Shared Parenting Laws: Mistakes of Pooling?, Notre Dame Legal Studies Paper No. 1426 (August 14, 2014). Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/1116 This Article is brought to you for free and open access by the Publications at NDLScholarship. It has been accepted for inclusion in Journal Articles by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. Shared Parenting Laws: Mistakes of Pooling? Margaret F. Brinig, Notre Dame Law School In their recent paper “Anti-Herding Regulation,” forthcoming in the Harvard Business Review,1 Ian Ayres and Joshua Mitts argue that many well-intentioned public policy regulations potentially harm rather than help situations. That is, because the rules seek to pool—or herd—groups of people, treating them as equal, they miss or mask important differences among the regulated, thus magnifying systematic risk. Anti- herding regulation, on the other hand, can produce socially beneficial information, in their words steering “both private and public actors toward better evidence-based outcomes.” Left to their own, or with various carrot-and-stick incentives, some groups, anyway, would instead fare better if allowed to separate or diverge. Ayres and Mitts buttress their case with examples from engineering (bridges collapsing because soldiers crossed them in cadences matched to the structures’ oscillations), finance (mandating only low percentages down for real estate purchasers), biodiversity and ecosystem stability, and genetic variation itself. -
Safety and Stability for Foster Children: a Developmental Perspective
Children, Families, and Foster Care Safety and Stability for Foster Children: A Developmental Perspective Brenda Jones Harden SUMMARY Children in foster care face a challenging jour- ders, compromised brain functioning, inade- ney through childhood. In addition to the quate social skills, and mental health difficul- troubling family circumstances that bring them ties. into state care, they face additional difficulties ◗ Providing stable and nurturing families can within the child welfare system that may further bolster the resilience of children in care and compromise their healthy development. This ameliorate negative impacts on their develop- article discusses the importance of safety and mental outcomes. stability to healthy child development and reviews the research on the risks associated with mal- The author concludes that developmentally- treatment and the foster care experience. It finds: sensitive child welfare policies and practices designed to promote the well-being of the ◗ Family stability is best viewed as a process of whole child, such as ongoing screening and caregiving practices that, when present, can assessment and coordinated systems of care, are greatly facilitate healthy child development. needed to facilitate the healthy development of ◗ Children in foster care, as a result of exposure children in foster care. to risk factors such as poverty, maltreatment, and the foster care experience, face multiple Brenda Jones Harden, Ph.D., is an associate professor at the Institute for Child Study in the Department of threats to their healthy development, includ- Human Development at the University of Maryland, ing poor physical health, attachment disor- College Park. www.futureofchildren.org 31 Jones Harden rotecting and nurturing the young is a uni- care due to their exposure to maltreatment, family versal goal across human cultures. -
Articles Contractualizing Custody
ARTICLES CONTRACTUALIZING CUSTODY Sarah Abramowicz* Many scholars otherwise in favor of the enforcement of family contracts agree that parent-child relationships should continue to prove the exception to any contractualized family law regime. This Article instead questions the continued refusal to enforce contracts concerning parental rights to children’s custody. It argues that the refusal to enforce such contracts contributes to a differential treatment of two types of families: those deemed “intact”—typically consisting of two married parents and their offspring—and those deemed non-intact. Intact families are granted a degree of freedom from government intervention, provided that there is no evidence that children are in any danger of harm. Non-intact families, by contrast, are subject to the perpetual threat of intervention, even in the absence of harm. The result of this two-tier system is that non-intact families are denied the autonomy and stability that intact families enjoy, to the detriment of parents and children alike. The goal of this Article is to address inconsistent scholarly approaches to custody agreements, on the one hand, and parentage agreements, on the other. Marital agreements about children are largely unenforceable, and even scholars who otherwise favor the enforcement of marital agreements largely approve of this approach, concurring that a court should be able to override a contract concerning children’s custody if it finds that enforcement is not in the children’s best interests. By contrast, those who write about parentage agreements, such as those made in the context of assisted reproductive technology or by unmarried, single, or multiple (i.e., more than two) parents, are more likely to favor the enforcement of such agreements. -
Effects of the 2010 Civil Code on Trends in Joint Physical Custody in Catalonia
EFFECTS OF THE 2010 CIVIL CODE ON TRENDS IN JOINT PHYSICAL CUSTODY IN CATALONIA. A COMPARISON WITH THE Document downloaded from www.cairn-int.info - Universitat Autònoma de Barcelona 158.109.138.45 09/05/2017 14h03. © I.N.E.D REST OF SPAIN Montserrat Solsona, Jeroen Spijker I.N.E.D | « Population » 2016/2 Vol. 71 | pages 297 - 323 ISSN 0032-4663 ISBN 9782733210666 This document is a translation of: -------------------------------------------------------------------------------------------------------------------- Montserrat Solsona, Jeroen Spijker, « Influence du Code civil catalan (2010) sur les décisions de garde partagée. Comparaisons entre la Catalogne et le reste de Espagne », Population 2016/2 (Vol. 71), p. 297-323. -------------------------------------------------------------------------------------------------------------------- Available online at : -------------------------------------------------------------------------------------------------------------------- http://www.cairn-int.info/article-E_POPU_1602_0313--effects-of-the-2010-civil-code- on.htm -------------------------------------------------------------------------------------------------------------------- How to cite this article : -------------------------------------------------------------------------------------------------------------------- Montserrat Solsona, Jeroen Spijker, « Influence du Code civil catalan (2010) sur les décisions de garde partagée. Comparaisons entre la Catalogne et le reste de Espagne », Population 2016/2 (Vol. 71), p. 297-323. -------------------------------------------------------------------------------------------------------------------- -
HELP: a Handbook for Kentucky Grandparents and Other Relative
HELP A HANDBOOK FOR KENTUCKY GRANDPARENTS AND OTHER RELATIVE CAREGIVERS ACCESS TO JUSTICE FOUNDATION LEGAL HELPLINE FOR OLDER KENTUCKIANS LEXINGTON, KENTUCKY BLUEGRASS AREA AGENCY ON AGING AND INDEPENDENT LIVING 699 PERIMETER DRIVE LEXINGTON, KENTUCKY 40517 (859) 269-8021 This project is funded, in part, under a contract with the Kentucky Cabinet for Health and Family Services, with funds from the Administration on Aging and the United States Department of Health and Human Services. HELP A HANDBOOK FOR KENTUCKY GRANDPARENTS AND OTHER RELATIVE CAREGIVERS WRITTEN BY: David Godfrey, J.D. Melanie Beckwith Jesse Reid Hodgson Jeffery Mahoney Robert Stith EDITED BY: Laura B. Grubbs Bluegrass Area Development District Bluegrass Area Agency on Aging 699 Perimeter Drive Lexington, Kentucky 40517-4120 859-269-8021 ACCESS TO JUSTICE FOUNDATION LEGAL HELPLINE FOR OLDER KENTUCKIANS Lexington, Kentucky This project is funded, in part, under a contract with the Kentucky Cabinet for Health and Family Services, with funds from the Administration on Aging and the United States Department of Health and Human Services. Please feel free to copy and distribute the information in this handbook for any non-commercial purpose. REVISION DATE: JANUARY 2007 EVERY EFFORT WAS MADE TO MAKE THIS DOCUMENT CURRENT THROUGH JANUARY 2007. PROGRAMS AND POLICES CHANGE, YOU SHOULD ALWAYS VERIFY THAT THE INFORMATION IS CURRENT BEFORE PROCEEDING. THE MORE TIME THAT PASSES, THE GREATER THE LIKELIHOOD THAT INFORMATION IS OUT OF DATE. ii INTRODUCTION AND OVERVIEW Each year thousands of grandparents and other relatives in Kentucky assume the responsibility of raising children for biological parents who are unable or unwilling or to be parents. -
Teens in Foster Care and Their Babies
Teens in Foster Care and Their Babies 2013 If you are a pregnant or parenting teenager in foster care, you may have some questions or concerns. Being a teen parent can be stressful, and the added demands of the foster care system might leave you feeling confused or concerned for your baby’s future. This brochure answers some common questions and explains what your rights are as a pregnant or parenting teen in foster care. Family Planning Teens in foster care have the same right as other teens to obtain advice on birth control, family planning, and pregnancy tests without the consent of anyone else. To get these services, contact Family Planning (800) 942-1054 or Planned Parenthood (800) 576-5544. HIV Testing If you are 12 or older, you can get tested for HIV/AIDS without anyone else’s permission and without giving permission for others to be told. However, if you tell a DCFS social worker that you are HIV+ or have AIDS, the social worker must tell others. What If I Become Pregnant While I’m a Court Dependent? The decision regarding how to handle your pregnancy is yours. You may choose to keep the baby, put the baby up for adoption or have an abortion. Nobody can take this choice away from you – not your parents, relatives, foster parents, your boyfriend and his family, the judge, or your social worker. -1- Who can I talk to If I Need Help Making A Decision About My Pregnancy? If you need information on your choices, your DCFS social worker must give you referrals for family planning counseling. -
In Re Bonfield, 96 Ohio St.3D 218, 2002-Ohio-4182.]
[Cite as In re Bonfield, 96 Ohio St.3d 218, 2002-Ohio-4182.] IN RE BONFIELD. [Cite as In re Bonfield, 96 Ohio St.3d 218, 2002-Ohio-4182.] Custody — Pursuant to its authority under R.C. 2151.23(A)(2), a juvenile court may determine whether a shared custody agreement between partners in a same-sex relationship is in the best interests of the children. (No. 2001-0625 — Submitted March 13, 2002 — Decided August 28, 2002.) APPEAL from the Court of Appeals for Hamilton County, Nos. C-000436 and C- 000437. __________________ MOYER, C.J. {¶1} Appellants, Teri J. Bonfield and Shelly M. Zachritz, have lived together since 1987 as partners in a same-sex relationship. During that time, Teri has adopted two children, Joseph, born in 1993, and Jacob, born in 1995. Shelly participated equally with Teri in the decision to adopt the boys. {¶2} Teri has also given birth to three children, a son born in 1996, and twins born in 1998, each of whom was conceived through anonymous artificial insemination. Shelly actively participated in the planning and births of the children, assisted with Teri’s artificial insemination, and was present throughout Teri’s doctor’s visits during the pregnancies and actual births. According to Teri and Shelly, since the children’s respective adoptions and births Shelly has acted as their primary caregiver and has come to be seen by them as their parent in the same way as has Teri. {¶3} Appellants’ description of their family is echoed by Dr. Leslie Swift, a licensed clinical psychologist, who testified that appellants operate jointly in caring for the children, and have created a loving and committed home. -
Agreement Between Parents for Child Custody
Agreement Between Parents For Child Custody Jansenism Tad violated historically and ill-naturedly, she centrifugalizing her mimicker guttles denumerably. Epitaphic Wat excoriates masterfully. Slender and unequaled Sheppard air-drops typographically and whirries his rowdiness penitentially and unnaturally. That exist when each dog the child pursue his fault her parents. Divided custody by means that review child lives with one parent and slippery child. A manifest that allows visitation between my child thread the noncustodial parent. It is usually close the best facet of everyone involved if the parents can endeavor to an amicable agreement may themselves regarding support. 1 Decide what type of industry each parent gets 2 Describe your agreed upon arrangement 3 Provide a detailed visitation and parenting plan 4 Use. Doylestown Child Custody Lawyer Jeffrey Moore Williams. Susi to another and your child between for parents custody agreement that there is in some id? What has both parents agree the child eating and visitation. What's the Difference Between some Custody and Shared. The pandemic also between frustrating for child between for custody agreement was your situation over custody orders can wait at wake forest university in loco parentis a child? Rocket Lawyer provides Child placement Agreement templates and information. Child custody establishes how parents will care for their outlook and lays out the. If both parents want to remain involved in car child's trigger and the court also no. And offspring will pierce a child custody order volume the parents and measure children. Click above link match the brain Sample Shared Parenting Agreement. Custody with cable other parent which half the children but between. -
Frequently Asked Questions (FAQ) Related to the Definitions, Roles, and Responsibilities of Parents, Persons Acting As the Parent of a Child, and Surrogate Parents
Frequently Asked Questions (FAQ) Related to the Definitions, Roles, and Responsibilities of Parents, Persons Acting as the Parent of a Child, and Surrogate Parents Over the years, the Department of Public Instruction (DPI) and the Department of Children and Families (DCF) have frequently received questions relating to the definitions of “parent,” “person acting as the parent of a child,” and “surrogate parent.” Those definitions are of particular importance when it comes to children under the guardianship of DCF and children with disabilities. A workgroup1 was developed by the two Departments to attempt to respond to those questions which have been most frequently asked. This is not an exhaustive document and it should be noted that both Departments encourage school districts, county departments of social/human services, and tribal child welfare agencies to consult with their agency attorneys. This document does not constitute legal advice from either DCF or DPI. Definition of “Parent” Under the Children’s Code and the Juvenile Justice Code (Wisconsin Statutes): “Parent” means a biological parent, a husband who has consented to the artificial insemination of his wife under s. 891.40, or a parent by adoption. If the child is a non-marital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, “parent” includes a person acknowledged under s. 767.805 or a substantially similar law of another state or adjudicated to be the biological father. “Parent” does not include any person whose parental rights have been terminated. For purposes of the application of s. 48.028 and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, “parent” means a biological parent, an Indian husband who has consented to the artificial insemination of his wife under s. -
The Effect of Joint Custody on Marriage and Divorce
A Service of Leibniz-Informationszentrum econstor Wirtschaft Leibniz Information Centre Make Your Publications Visible. zbw for Economics Halla, Martin Working Paper The effect of joint custody on marriage and divorce IZA Discussion Papers, No. 4314 Provided in Cooperation with: IZA – Institute of Labor Economics Suggested Citation: Halla, Martin (2009) : The effect of joint custody on marriage and divorce, IZA Discussion Papers, No. 4314, Institute for the Study of Labor (IZA), Bonn, http://nbn-resolving.de/urn:nbn:de:101:1-20090825539 This Version is available at: http://hdl.handle.net/10419/36023 Standard-Nutzungsbedingungen: Terms of use: Die Dokumente auf EconStor dürfen zu eigenen wissenschaftlichen Documents in EconStor may be saved and copied for your Zwecken und zum Privatgebrauch gespeichert und kopiert werden. personal and scholarly purposes. Sie dürfen die Dokumente nicht für öffentliche oder kommerzielle You are not to copy documents for public or commercial Zwecke vervielfältigen, öffentlich ausstellen, öffentlich zugänglich purposes, to exhibit the documents publicly, to make them machen, vertreiben oder anderweitig nutzen. publicly available on the internet, or to distribute or otherwise use the documents in public. Sofern die Verfasser die Dokumente unter Open-Content-Lizenzen (insbesondere CC-Lizenzen) zur Verfügung gestellt haben sollten, If the documents have been made available under an Open gelten abweichend von diesen Nutzungsbedingungen die in der dort Content Licence (especially Creative Commons Licences), you genannten Lizenz gewährten Nutzungsrechte. may exercise further usage rights as specified in the indicated licence. www.econstor.eu IZA DP No. 4314 The Effect of Joint Custody on Marriage and Divorce Martin Halla July 2009 DISCUSSION PAPER SERIES Forschungsinstitut zur Zukunft der Arbeit Institute for the Study of Labor The Effect of Joint Custody on Marriage and Divorce Martin Halla University of Linz and IZA Discussion Paper No.