Divorce/Dissolution
Divorce/Dissolution
The termination of a marriage by legal action, requiring a petition or complaint for divorce (or dissolution in some states, including California) by one party. Some states still require at least a minimal showing of fault, but no-fault divorce is now the rule in which "incompatibility" is sufficient to grant a divorce. The substantive issues in divorces are division of property, child custody and support, alimony (spousal support), child visitation and attorney's fees. Only state courts have jurisdiction over divorces, so the petitioning or complaining party can only file in the state in which he/she is and has been a resident for a period of time (as little as six weeks in Nevada). In most states the period from original filing for divorce, serving the petition on the other party and final judgment (or decree) takes several months to allow for a chance to reconcile. When it comes to different types of divorce, you can divide up marriage dissolutions into several categories including contested versus uncontested divorce, fault vs. no-fault divorce and litigated vs. mediated or collaborative divorce.
The modern, gentler sounding, term for divorce, officially used in California since 1970 and symbolic of the no-fault, non-confrontational approach is to dissolve a marriage. A dissolution of marriage follows a similar legal process as a divorce, but without requiring proof of specific grounds. It's sometimes called a "no-fault divorce" because you don't have to prove blame or fault on either side. You simply assert that the marriage is irretrievably broken with no chance of reconciliation. This makes the dissolution process simpler and less adversarial than traditional divorce.
Custody
A court's determination of which parent, relative or other adult should have physical and/or legal control and responsibility for a minor (child) under 18. Child custody can be decided by a local court in a divorce or if a child, relative, close friend or state agency questions whether one or both parents is unfit, absent, dead, in prison or dangerous to the child's well-being. In such cases custody can be awarded to a grandparent or other relative, a foster parent or an orphanage or other organization or institution. While a divorce is pending the court may grant temporary custody to one of the parents, require conferences or investigation (in some states, if the parents cannot agree, custody is automatically referred to a mediator, commissioner or social worker) before making a final ruling. There is a difference between physical custody, which designates where the child will actually live, and legal custody, which gives the custodial person(s) the right to make decisions for the child's welfare. If the parents agree, the court can award joint custody, physical and/or legal. Joint legal custody is becoming increasingly common. The basic consideration on custody matters is supposed to be the best interests of the child or children. In most cases the non-custodial parent is given visitation rights, which may include weekends, parts of vacations and other occasions. The court can always change custody if circumstances warrant.
Examples of Custody include: Legal custody, shared/joint custody, physical custody, sole custody, and visitation.
Visitation
When two people who have children are no longer together, it is usually in the best interest of the children to have a relationship with both parents. When a separation or divorce occurs, it is common for one parent to maintain primary physical custody of the children, becoming the “custodial parent.” The custodial parent is the primary caretaker and this is where the children spend the majority of their time. The parent with whom the children do not live (“non-custodial parent”) has a right to visit, and maintain a relationship, with the children, however, regardless of the custodial parent’s wishes. Child visitation rights are addressed during custody proceedings.
Parent-child visitation allows parents who do not have physical custody to see their children on a regular basis. The types of visitation include: Unsupervised visitation, this is the most common type of visitation, in which parents are generally permitted to take their children to their own homes or on an outing during their scheduled visitation. Occasionally, limitations are specified in advance. For example, if a mother is breastfeeding, the non-custodial parent may be asked to visit the child at the mother's home until the baby is able to take a bottle. Supervised visitation, In some cases, the courts will order supervised visitation, which means that another responsible adult must be present for the visit. The courts may allow the non-custodial parent to select an individual, such as a grandparent or family friend, to serve as the supervisor. In other cases, an appointed social worker or court-ordered designee can supervise interactions. Virtual visitation, typically takes place using video-conferencing technology. While not ideal as the only mode of visitation, virtual visits can provide a sense of continuity when parents and children live far apart or in-person visits are infrequent.
Child Support
Court-ordered funds to be paid by one parent to the custodial parent of a minor child after divorce (dissolution) or separation. Usually the dollar amounts are based on the income of both parents, the number of children, the expenses of the custodial parent, and any special needs of the child. In many states or locales the amount is determined by a chart which factors in all these figures. It may also include health plan coverage, school tuition or other expenses, and may be reduced during periods of extended visitation such as summer vacations. Child support generally continues until the child reaches 18 years, graduates from high school, is emancipated (no longer lives with either parent), or, in some cases, for an extended period such as college attendance. The amount and continuation of support may be changed by the court upon application of either party depending on a proved change of circumstance of the parents or child. Child support should not be confused with alimony (spousal support) which is for the ex-spouse's support. Child support is not deductible from gross income for tax purposes (but may allow a dependent exemption) nor is it taxed as income, unlike alimony, which is deductible by the payer and taxed as the adult recipient's income.
Examples of expenses that can be covered by Child Support include: Food, shelter, and clothing for the child or children. Medical care and health-related expenses for the child or children. Educational expenses, such as private school tuition for the child or children. Rent, mortgage, or other housing payments. Transportation expenses for the child, including car payments, fuel, bus fares, and any other costs associated with getting the child to and from home, school, family visits, and other places and activities. Everyday items like toys and furniture. Extracurricular activity expenses.
Adoption
Adoption is a life-changing process that makes families and creates better futures.
There are several ways adoption can happen, and many professionals are involved. Because adoption is so important, it can also be very complex.
What Is Adoption?
Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, from the biological parents to the adoptive parents.
Example is a Stepparenting adopting a Stepchild.
