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Child Custody News
Child Custody Protection Act
The Child Custody Protection Act (CCPA) would make it a federal offense to transport a minor across state lines for an abortion if this action circumvents the application of a state law requiring parental involvement in a minor's abortion (or judicial waiver of such a requirement).
Over thirty states have laws in effect that require the consent or notification of at least one parent, or court authorization, before a minor can obtain an abortion. The CCPA would curb much of the current interstate circumvention of these laws, thereby protecting the rights of parents and the well being of vulnerable minors. The CCPA is not a federal parental involvement law; it merely ensures that these state laws are not evaded through interstate activity. It does not encroach on state powers, but rather protects them.
Sadly, the interstate transportation of minors to procure an abortion often serves to conceal criminal activity such as statutory rape. Abortion clinics on state borders often advertise in the yellow pages of phone books in states with parental consent laws in order to attract minors across state lines. These clinics intentionally market to minors to circumvent state laws. Schools require parental involvement for fieldtrips, medications, early school release, and academic decisions such as sex education, yet with reckless disregard for state laws, a stranger can legally transport a minor across state lines and have her undergo a potentially life-threatening and certainly life-altering procedure. If parental consent is required for ear piercing then certainly it is appropriate to protect parental involvement in a minor's decision concerning an abortion.
There is a difference between joint legal custody and joint physical custody.
It is important to note that joint physical custody and joint legal custody are different aspects of custody. In joint physical custody, which is also known as joint physical care, actual lodging and care of the child is shared according to a court-ordered custody schedule. In many cases, the term 'visitation' is no longer used in these circumstances. In joint legal custody, both parents share the ability to have access to educational, health, and other records, and have equal decision-making status where the welfare of the child is concerned.
Presumption Award Of Custody
(1) If a child custody dispute is between the parents, between agencies, or between third persons, the best interests of the child control. If the ... Read more >
Definition:
Sole custody grants one parent the right to make all legal and physical custody decisions.
Change of circumstances
Definition:
This refers to the court's anticipation that circumstances, especially a child's decision with whom to live, might change over the course of time. Therefore, change of circumstances refers to the ability to change custody orders if it can be proven that t
Supervised visitation
Definition:
In certain cases, the court orders that an adult supervisor is present during the non-custodial parent's visitation time.
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Did You Know?
There is a difference between joint legal custody and joint physical custody.
