...Scheduling a free consultation with a seasoned attorney can be extremely helpful, especially in matters involving child custody. Whether you need to establish legal rights as a parent or are going through a divorce, a consultation can provide you with the information and direction you need to obtain a desirable outcome. Below, a lawyer from Payne Law Office in Lincoln, NE outlines a few of the many benefits. Importance of a Free Consultation in a Child Custody Case Building a Connection A legal consultation provides you the opportunity to meet with an attorney face-to-face and gain a general feel for their personality. This is important, as you do not want to work with an attorney you do not trust or respect. The meeting should serve as...
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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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...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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...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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...its subspecialties and describe where psychological knowledge can be applied. There are five subspecialties of forensic psychology, namely police psychology, psychology of crime and delinquency, victimology and victim services, legal psychology and correctional psychology. I will discuss legal psychology and correctional psychology. · Legal psychology Legal psychology is the study of human behavior relevant to the law. This subspecialty of forensic psychology consists of those theories that describe, explain and predict human behavior by reference to the law. Bartol & Bartol (2012) described that early in a case when attorneys are preparing for a trial and gathering information psychologist can be called in to testify. Main roles of a forensic psychologist in the USA includes, acting as a consultant to law enforcement, acting as trial consultants (jury selection, case preparation and pre-trial publicity), presenting psychology to appeal courts, doing forensic assessment and acting as an expert witness (insanity defense, competence to stand trial, sentencing, eyewitness identification and child custody etc.) Expert witness as a role in legal psychologist A major role for forensic psychologist is to serve as an expert witness in both the criminal and civil court. They are more commonly involve at the pretrial and post-trial proceedings, but may also serve as an expert witness at trial (Bartol & Bartol, 2012:151). Genis (2008) defines an expert witness as...
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...PUNJAB, PATIALA CUSTODIAL TORTURE: VIOLATION OF HUMAN RIGHTS SUPERVISED BY: SUBMITTED BY: Ms. Sangeeta Taak Rajiv Gandhi National University of Law Patiala (Punjab) PROJECT SUBMITTED IN THE PARTIAL FULFILMENT OF REQUIREMENTS OF THE SUBJECT OF CRIMINAL LAW FOR EIGHTH SEMESTER, B.A.LL.B (HONS.) COURSE SURBHI MEHTA Assistant Professor of Law (Roll No. 581) TABLE OF CONTENTS CHAPTER 1: INTRODUCTION 1 1.1. Objectives 2 1.2. Research Methodology 2 1.3. Hypothesis 2 1.4. Definitions 3 1.4.1. Police 3 1.4.2. Torture 4 CHAPTER 2: HISTORICAL BACKGROUND 6 CHAPTER 3: CUSTODIAL TORTURE AND RELATED DIMENSIONS 10 3.1. Categories 10 3.1.1. Physical torture 10 3.1.2. Custodial Death 12 3.1.3. Custodial Rape 13 3.2. Causes 14 3.2.1. Structural 14 3.2.2. Other Causes 15 3.3. Consequences 16 3.3.1. Physical Consequences 16 3.3.2. Psychological Consequences 16 3.3.3. Economic Consequences 16 3.3.4. Social Consequences 16 CHAPTER 4: LEGISLATIVE PROVISIONS 17 4.1. The Constitution of India, 1950 17 4.2. The Criminal Procedure Code, 1973 18 4.3. Indian Evidence Act, 1872 19 4.4. Protection of Human Rights Act, 1993 20 4.4.1. The National Human Rights Commission 20 CHAPTER 5: JUDICIAL PRONOUNCEMENTS 22 5.1. Monetary Compensation and Judicial Response 25 5.2. Judgements Awarding Compensation 27 5.3. Judgments Awarding Punishment 28 CHAPTER 6: INTERNATIONAL PROTECTION AGAINST TORTURE 29 6.1. Major...
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... 609-367-4317 bluntreality@gmail.com Abstract This paper examines the prevalence of false allegations of domestic violence within the criminal justice system; detailing how the accused are often viewed as guilty until they are proven innocent. In Part I, I will reveal the problems associated with false allegations of domestic violence, and why this topic is of importance to me. Part II will examine the flawed responses to these accusations that pervade the criminal justice system. Part III will explicate the incentives by vindictive people to make such claims – e.g. winning a divorce case, or receiving custody of the children. Part IV will review the statistical analysis of false domestic violence claims, and outline the cost to not only the accused, but the government as well. Lastly, in Part V I will summarize the topic by arguing that laws should be changed to reflect that some individuals use false allegations of domestic violence in a malicious manner, and that they should be dealt with accordingly. Table of Contents Abstract……………………………………………………………. ……………………2 Table of Contents………………………………………………………………………....3 Title……………………………………………………………………………………….4 Part I. Statement of the Problem………………………………………………………….4 Part II. Flawed Judicial System…………………………………………………………...
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...Sally Bright asked her husband, John, to move out temporarily due to marital difficulties. After a brief 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...
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...Thousand Oaks & New Delhi) and the British Society of Criminology. www.sagepublications.com ISSN 1748–8958; Vol: 6(2): 219–237 DOI: 10.1177/1748895806062982 Reconstructing the role of the appropriate adult in England and Wales HARRIET PIERPOINT University of Glamorgan, UK Abstract The definition of the role of the ‘appropriate adult’ for young suspects in the Police and Criminal Evidence Act 1984 Code of Practice C is ambiguous and contradictory. This article argues that the role has been socially constructed by the legislator, the courts, young people, the police and appropriate adults themselves. Following various recommendations to use volunteers as appropriate adults, this article revisits the nature of the role in light of a case study of a volunteer appropriate adult service. The results demonstrate that, in terms of volunteer practice, the role has been constructed to include elements of due...
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...CRIMINAL CASES IN STATE COURT The right to legal representation is generally accepted in the United States as a Constitutional right guaranteed to everyone. The Supreme Court promised the right to counsel to “ any person haled into court” in the infamous Gideon v Wainwright case. This case was instrumental in advancing the rights of indigent defendants through its proclamation that the Sixth Amendment right to counsel in criminal proceedings should also apply to State Courts. However, Gideon’s promise to counsel has yet to completely guarantee equal access to justice when first appearing at judicial proceedings in state courts. Although defendants who can afford lawyers will usually hire one from the onset of a criminal proceeding, the right to counsel for indigent defendants (i.e. a state-provided attorney) is interpreted as attaching at varying stages of a prosecution in different states. Only eight states guarantee indigent defendants the right to legal counsel at the initial bail hearing. Representation at the initial bail hearing is critical as a lawyer’s intervention is crucial for obtaining a defendant’s release and for protecting a defendant’s due process right (guaranteed in the Fourteenth amendment) against an unreasonable denial of liberty during pretrial detention. The lack of counsel in pretrial proceedings can result in numerous consequences; some include a high number of pleas being accepted as defendants are desperate to be released from custody, the loss...
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...Analysis of Custody and QDII in China Background: The security related services of commercial banking is a middle business based on the security investment. The US bank started dabbling in this area since 19 century. Along with the increasing of securities quantity and variety, for controlling the cost and marginal profit, concentrating on developing the market, the investment institution delegated such business to professional institution. Based on such background, the investment security service, different with traditional banking business, from a simple reconcile and custody business to a highly sophisticated investor service business has been rapidly developed in the previous 30 years. I am working in the JPMorgan Chase Bank, worldwide security services division. Our main custody business clients are insurance company, direct invest institutions, bank, pension fund, QDII Fund. JPMorgan is the biggest custody bank in this world owns about 1.12 Trillion US dollars assets. In mainland China, custody is a very new business for JPMorgan starting from 2007. We own the license of QDII which is call the “Qualified Domestic Invest Institution”. From the starting point about 18 Billion RMB custody assets, in 2013, there are more than 80 Billion RMB custody assets in China mainland. Rapid growth is good news for every business but potentially there are potential risk in this competitive industry and JPMorgan is brand new comparing with such old bank: HSBC, Citic group and Standard...
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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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...making KRNCS its own child placement agency. KRNCS works with many diverse children and families, who all have different and special needs. Working with children from ages 0-18 years of age and sometimes young adults up to the age of 21 should there be special circumstances. KRNCS works to reunify children in a safe and stable family environment. Should a child be unable to return to their biological family, KRNCS helps to locate and finalize a permanent placement. In addition to foster/adoptive success, the site also provides a wide variety of community services such as: CFI/mediation, therapy (individual, family, couples), home studies, contractual adoptive services inner and out of state, family preservation, supervised parenting time, classes such as CPR, first aid, and parenting classes, parent child interactional, and life skills. Rashida Gordon is a case worker for the Kids Resource Network of Colorado Springs, Colorado. Rashida is a therapist, who uses client centered therapy as her approach. She believes in order to assist in behavioral changes; one must have emphasis in that one person to focus. KRNCS main population is foster kids ages 0-18 years of age and biological parents of all ages Majority of KRNCS clients are Caucasian females with barely a high school education, income below poverty or on welfare and alcohol or drug dependency. Usually there are not very men if any since most of the males abandon their children or do not comply with court orders. The biological...
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...Challenges Single Moms Face Liberty University Abstract The purpose of this paper is to inform our society of the significant challenges single mom face. Raising children in this era is a very difficult task for couples and it brings greater challenges when is done by a single parent. This paper explores the emotional, psychological and financial aspect of raising children as a single mom as well as the main reasons why. It will review the causes and consequences in which it affects children, parents and entire families. There is data that has been collected where it indicates the reasons why there has been an increase and the impact that it has on children and adolescents. There are ways single moms overcome challenges. II. Introduction to Challenges Single Mom Face According to DeBell( 2008), about half of American children will spend part of their childhood in a single- parent family. DeBell stated that the absence of a father in a child’s home, the most consequential trend of our time, leads to social disaster(Pg. 427). Goldenberg (2008), states that a dysfunctional family, by definition, has failed to fulfill its purpose of nurturing the growth of its members. Single-parent families are more common in today’s society and are...
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...Running head: Grandparents Raising Grandchildren Grandparents Raising Grandchildren Willie Williams Paine College Sociology of aging Professor S. W. Godbee, LMSW February 28th, 2013 Table of Contents I. Abstract II. Introduction III. Review of Literature/ Compare & Contrast A. Reasons for grandparents raising grandchildren B. Legal issues C. Financial issues D. Healthcare Issues E. Positive and negative emotional effects F. Conclusion Abstract A lot of parents are leaving the responsibility of parenting roles on grandparents due to numerous personal and economic situations. Many of these households may contain three generations, with the most raid growth occurring in households containing grandchildren and grandparents only (Bryson and Casper, 1999). In filling these roles there are numerous health, legal, financial, education, and emotional barriers that make this a very difficult task for grandparents. If they are not successful the alternative for most of these children is definitely foster or inadequate care. The role of grandparents in raising grandchildren is not likely to reverse soon. Others factors that are becoming more prevalent is the number of single parents and with diminishing social welfare system parents need more help from their immediate family members and grandparents...
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