...Custody of Minor Children after Divorce in the State of Vermont Abstract Conflict may seem never ending when two people decide they can no longer live together and want to separate. Children can often be the last ones thought about when a couple is going through a divorce, however, they play a key role in the issues surrounding the divorce and what will happen to them as part of this procedure. The court is ultimately responsible for making sure the children’s best interest is reflected when deciding what happens to them after a divorce. Parents play a key role in this decision making, though if conflict between the parents causes them to fight and not be able to come to an affable arrangement, then the courts must decide for them. This paper explains what the court expects from parents, surrounding divorce and custody issues, how they can best resolve those conflicts, and why it is best to solve those issues in the interest of the children. Keywords: Custody, physical custody, legal custody, temporary custody, joint custody, alternative dispute resolution, child custody mediation, collaborative law, parenting plan, child support, child custody evaluation, visitation, parental rights and responsibilities, temporary order, final order. Custody of Minor Children after Divorce in the State of Vermont When parents decide they no longer want to live together, they separate and if married, usually divorce. There can be many reasons for this, however, they all stem from...
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...The Best Interest of the Child Thomas C. Wight General Psychology I, Monday and Wednesday 1:00 to 2:15pm 22 January 2013 The Best Interest of the Child A Review of the Literature The divorce rate among Americans has steadily risen in recent years with approximately 50% of marriages ending in divorce, or at least that’s what we have been told. The divorce rate in America has actually taken a slight decline in recent years and is approximately 35% to 40%. While that is still a very large percentage, it is an improvement. It has made fairly consistent climb from approximately 5% at the turn of the 20th century, mostly due to individuals no longer needing to provide sufficient grounds for divorce as they have in years past. (Clarkson, L 2011.) While nobody argues an individual’s right to divorce, separate or remained married. We need to consider how our children will develop psychologically in a world where divorce is not only acceptable, but a normal chain of events for approximately half of the marriages in America. Will our children begin to blame themselves for their parent’s marital problems? The review of this article examines the courts battle when deciding child custody cases in relation to divorce, separation, or the death of a spouse. Child custody raises many questions: 1. Should the court consider the needs of the child or base the decision purely on State or Federal codes? 2. Is there past case law to be considered that would assist in reaching...
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...Department of Justice Ministère de la Justice Canada Canada WORKING DOCUMENT THE EFFECTS OF DIVORCE ON CHILDREN A Selected Literature Review Research and Statistics Division October 1997 WD1998-2e UNEDITED Research and Statistics Division/ Division de la recherche et de la statistique Policy Sector/ Secteur des politiques WORKING DOCUMENT THE EFFECTS OF DIVORCE ON CHILDREN A Selected Literature Review Research and Statistics Division October 1997 WD1998-2e UNEDITED The views expressed in this paper do not necessarily reflect those of the Department of Justice Canada. iii TABLE OF CONTENTS 1.0 INTRODUCTION ....................................................................................... 1 2.0 LIMITATIONS OF THE RESEARCH .............................................................. 3 3.0 FACTORS AFFECTING CHILDREN’S POSTDIVORCE ADJUSTMENT ................. 6 3.1 Child Characteristics............................................................................ 6 3.1.1 Gender ................................................................................. 6 3.1.2 Age at Divorce ....................................................................... 8 3.2 Family Characteristics.......................................................................... 9 3.2.1 Socio-economic Status .............................................................. 9 3.2.2 Ethno-cultural Background...................................................
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...Pros & Cons of Annulment Vs. Divorce Last Updated: Aug 16, 2013 | By Mike Broemmel Reaching a juncture in your marital relationship at which you desire to dissolve the union with your spouse, you are likely to find yourself contemplating your options. Divorce certainly is an option available to you. In some states, you can obtain a legal separation. In all U.S. jurisdictions, annulment laws exist, as well. If you end up focusing on a divorce or an annulment, you need to weigh and balance the pros and cons of both proceedings. Function The primary function of a divorce is to terminate a valid marriage, according to "Nolo's Essential Guide to Divorce" by Emily Doskow. The basic function of an annulment is to obtain a declaration that no valid marriage existed in the first place. Judges in both cases issue other orders to deal with issues like property division and custody of children. Benefits The benefits of both types of proceedings include leaving the parties free to remarry. Divorce and annulment also structure the legal relationship between the parties at the conclusion of the actual judicial proceedings, according to the American Bar Association Section of Family Law. Disadvantages A disadvantage of divorce is that obtaining this type of legal remedy may violate the tenants of your religion. Some religions significantly restrict an adherent's ability to continue involvement in formal activities. A disadvantage of annulment in many jurisdictions is that you cannot...
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...The Effects of Divorce on Children The statistics for divorce in the 1990's suggest that nearly sixty percent of marriages end in divorce. Given this startling figure, the presumption can be made that many children will experience some effects caused by the life-changing event called divorce. What is it exactly about divorce that causes negative consequences for these children? In what ways will these children be affected? Will these effects show outwardly? The unsettling fact is: young children of divorced parents face great psychological challenges due to the environmental conditions and changes associated with divorce (Wolchik and Karoly). When we pass the year 2012, we will see two groups of working age adults emerging. One group will have received psychological, social, economic, educational and moral benefits and the other group will have been denied them all. The first group will have grown up with both parents present in the house and the second group will have not had both parents present. Parental conflict appears to have a pronounced effect on the coping efforts of children. The intense anxiety and anger between some parents in the early stages of divorce is real. Often time’s parents allow their children to get in the middle of fierce verbal fighting between them. Berating the other parent in front of the child is another way of placing the child in an unfair position, which in essence is expecting the child to choose between the parents. Any form of parental conflict...
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...Running Head: Research Paper – Effect of Divorce on Parenting Derin Ireyomi 103091991 University of Windsor 02-48-305 Dr. Omorodion Abstract In the past two decades, the trend of divorce and shared custody has increased and affected the lives of almost 57% of couples and their children (Boyan, 2003). Divorces have been known to have a huge effect on parenting practices of both the mother and the father. For the complete and balanced development of children and adolescents, the involvement of both the father and the mother is extremely crucial. From playing and socializing during the primary years to negotiation, monitoring and supervision in early teens, both the mother and father play equal guiding roles in the development of children (Boyan, 2003). Introduction Children who have both parents feel successful, competent and happy, when both parents are involved in their lives (Markham et al, 2012). Conversely, children who live with a single parent are more likely to feel unhappy, depressed, and garner an awkward feeling (Schwartz, 2006). Additionally, couples involved in the divorce also experience a huge effect on their parenting practices and their daily lives as well (Sayer, 2006). This paper will investigate the negative effects divorce has on parenting practices and how it will affect the way the children are raised. Through this, I will analyze the evidence provided in the articles by Sayer (2006), Pruett (1998), Schwartz (2007), and other authors to determine...
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...Child Custody Child custody is the care control and maintenance of a child which may be awarded by the court to one of the parents of the child (Jasper 2). Child custody issues affect our families in the United States every day. In family law, child custody is viewed as primary care of a minor (Goldstein 174). Child custody trends view one parent better than the opposing parent. Child custody is significant because of the trauma it can cause to families. Not only are parents and children affected by this but social problems bloom in later years with divorced families who go through typical child custody battles (Kalter 34). In fact, minors are affected the most when they have to choose between both parents. Child custody trends involve an agreement between two parents or guardians as to when the non-custodial parent gets to see the minor in these cases. Child custody is one of the most difficult and painful tasks a judge is asked to undertake. Many times parents’ fight over which parent the child can live with. This overall can determine who gets awarded custody of the minor. Often the courts have viewed the mother as the parent who is more capable of caring for the child. Fathers most of the time go unheard, and settle with custody agreements that overall hurt the child and father relationship because the visits with father have been shortened in length. The implications of fathers not having custody of their children go far beyond just having limited access. Not having...
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...Divorce, by nature, is an emotionally troubling time for most people. When people are married they never for see divorce, therefore, being aware of the various elements of New York State Divorce Laws can be a great service for New Yorkers who are trying to achieving positive and manageable divorce. According to www.divorcenet.com and www.divorcesource.com people should understand the particulars involved in divorce. Among these are Residency and Grounds. Once these are established we can look at Property Distribution, Spousal Support (Alimony) and finally Child Custody and Child Support. When filing for divorce in New York State you must meet residency requirements. This means you have been married or have lived as a married couple in New York for at least one year. After the residency requirements are met, you need grounds for a divorce. You may file for divorce in the New York Supreme Court if you and your spouse have lived apart for at least one year, or you have a separation agreement. You may also file on grounds of cruel and inhuman treatment, abandonment by your spouse for more than one year, adultery or your spouse’s is imprisonment for more than three years. New York is an “equitable distribution” state, which means property and debts acquired during the marriage are divided between the spouses in an equitable manner. This includes your home, money, vehicle, income, and/or personal possessions. Each partner will acquire something of the marital property, but it will...
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... PETITIONER V. MEMORANDUM JOHN BRIGHT RESPONDENT Comes Petitioner, by counsel, and for her Memorandum states as follows: I. FACTS Sally Bright (Petitioner), filed for divorce and custody of 14 year old daughter, Chastity. John Bright (Respondent) also requested custody. The court ordered temporary custody of the minor child to Petitioner and visitation with Respondent every weekend. Petitioner will be moving to another part of the country to take a job. Respondent has realized he is gay and has met a male companion who doesn’t reside with him presently, but someday might. Chastity testified that she feels weird around Respondent’s male companion. Psychologist, Dr. Samuel Stoller, testified that Chastity would prefer to stay in the area so she can be with her friends as she moves into high school as she has been having problems in school since the divorce. Psychologist, Dr. Frank Edwards, testified that Chastity has stated she feels uncomfortable around her father’s new companion. Respondent has, on several occasions, physically abused Petitioner, but not in front of Chastity and has never abused Chastity. Both parents have been actively, and almost equally, involved in day-to-day care of Chastity throughout her life. II. SHOULD PETITIONER RETAIN CUSTODY OF 14 YEAR OLD DAUGHTER? A. PETITIONER MOVING TO ANOTHER PART OF THE COUNTRY Petitioner will be moving to take a job in another part of the country. She is seeking to relocate with Chastity...
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...decisions will have an effect on children for their entire lives, and parents cannot imagine the long lasting effects. More and more children seem to be on the front lines of these custody battles between parents. Are parents risking the children’s psychological and emotional stability by having the children on the battle ground of a divorce? Children are very resilient but they need parental help to recover from a divorce. The court relies on what the parents are telling them as much as the other professionals and behavioral analysis examiners that have been assigned to the cases. While some parents do not mind this intrusion in to their lives, children feel as if things are not safe or stable. Parents will start to play “tug-of-war” with the children stuck in the middle. Parents who do not settle disputes over custody without the courts help will risk everyone especially the child being hurt. Courts will normally side for what has been the normal stable situation for the child, if there has not been abuse in the home. Parents who are taking the battles for custody of children to the court system should be aware if the court perceives the parents could have settled before asking the court to intervene, then the Court will make the decision for the parents based on the “best interests of the child”, which will not be in agreement with what the either parent believes or wants for their children. In the judicial system, unless there is proven abuse, there are no quick decisions...
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...separation, Sally filed for divorce and received temporary custody of their 14-year-old daughter, Chastity. John’s response to Sally’s divorce petition requested custody and the court ordered that the child have visitation with John every weekend. Nine months later, the court conducted a final hearing in the divorce matter. Both parties still want custody of Chastity. Among the facts that came out during the hearing, and are undisputed, are the following: • Sally will be moving to another part of the country soon to take a job. • A psychologist that counseled Chastity about her emotional problems testified that Chastity would prefer to stay with her dad so that she doesn’t have to go to a new school and make new friends. • John has realized that he is gay and has met a male companion who doesn’t live with John presently but someday might. • Chastity testified that she feels “weird” around John’s new companion. • John makes $125,000.00 per year and Sally’s new job in another part of the country will pay $35,000.00. • John has, on several occasions, physically abused Sally, but he never did so in front of Chastity and has never abused Chastity. • Both parents have been actively, and almost equally, involved in the day-to-day care of Chastity throughout her life. Testimony of Dr. Samuel Stoller. I counseled Chastity at the request of her father, John, who said she was having problems at school since her mother filed for divorce. Chastity clearly wants...
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...Legal proceedings are generally not recognized as exercises in leisure. One specific form of legal proceeding which is known for its complicated nature is a divorce. The state of Missouri prefers to refer to a divorce as a dissolution of marriage. It is equally important to note that Missouri is a no-fault state, meaning that the petitioner need not provide proof of infidelity or abuse, rather they must demonstrate that their marriage is irreparable. The first step in petitioning for dissolution of marriage in Missouri is to determine residency. If either party is a resident of Missouri or a member of the armed services who has been stationed in Missouri for a minimum of 90 days, then a divorce can be sought in Missouri. The next step in...
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...* Publications Ghana LawsMATRIMONIAL CAUSES ACT1971 (ACT 367) Section 1-Petition for Divorce.(1) A petition for divorce may be presented to the court by either party to a marriage. (2) The sole ground for granting a petition for divorce shall be that the marriage has broken down beyond reconciliation.Section 2-Proof of Breakdown of Marriage.(1) For the purpose of showing that the marriage has broken down beyond reconciliation the petitioner shall satisfy the court of one or more of the following facts:— (a) that the respondent has committed adultery and that by reason of such adultery the petitioner finds it intolerable to live with the respondent; or (b) that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent; or (c) that the respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition; or (d) that the parties to the marriage have not lived as man and wife for a continuous period of at least two years immediately preceding the presentation of the petition and the respondent consents to the grant of a decree of divorce; provided that such consent shall not be unreasonably withheld, and where the Court is satisfied that it has been so withheld, the Court may grant a petition for divorce under this paragraph notwithstanding the refusal; or (e) that the parties to the marriage have not lived as man and wife for a continuous...
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...Potential Effects of Divorce Throughout Different Stages of a Child’s Development Nisha S. Sunny Child Development: APSY 203 Professor: Catherine Walker Divorce in the American society is becoming an increasingly common trend as the years go by. Fifty percent of all marriages end in divorce and with each passing year, about 2 million children are brought into a whirlwind filled with changes and chaos after their parent’s separation (Divorce Rate). During this period of turmoil and intense emotion, the child is expected to rebuild numerous aspects of their lives and understand a series of complex events. They are most likely to see the sudden difference in financial stability, new duties around the house and may receive less nurturing from their parents as well. These series of events will lead to a difference in each of Urie Bronfenbrenner’s ecological systems, which include, the microsystem, mesosystem, exosystem, macrosystem, and the chronosystem. This ecological systems theory primarily puts the center of attention on the quality of a child’s environment and also focuses on how these complex layers will each effect a child’s development through the divorce period. Many may think that while a child of divorce is in their infant stage, that a divorce will not affect their lives. This is mainly because it is believed that the child will automatically grow into a life where they are used to their parents being separated and not...
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...Stopping Parental Alienation Syndrome Divorce and Child Custody is a battle or war, and it can be an extremely emotional time for everyone involved, especially children. With the way that the Judicial system has made divorce, it has become a battle, and parents feel that there are a winner and loser during these trials. These parents will stop at nothing to be on the winning side of the case, and this causes them to use the children as pawns to get an advantage over the other party involved. Claiming that the other parent is physically abusive or a drug/alcohol abuser to gain control of the child until it goes in front of the judge, is one of many dirty tricks that can be played to alienate the other parent. As Attorney Kendra R. Jolivet (2012) stated "parental alienation is the creation of one relationship between a child and one parent, to the exclusion of the other parent" (p 178). She later explains that there are three main reasons for alienating the other parent: "to meet personal emotional needs, as a vehicle to express his or her intense emotions, or as a pawn to inflict harm on the other parent" (Jolivet 2012). With the many reasons for the divorce or custody dispute, it is highly imperative for the parents to get along for the sole purpose of what is best for the children. “There are three categories of parental alienation, mild, moderate, and severe” (Jolivet 2012). Mild alienation is where the alienating parent fails to encourage visitation and communication...
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