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Questions and Answers
What type of custody arrangement allows both parents to share physical care of the child, but may not have equal decision-making authority?
What type of custody arrangement allows both parents to share physical care of the child, but may not have equal decision-making authority?
What is the main goal of a child-focused approach in divorce proceedings?
What is the main goal of a child-focused approach in divorce proceedings?
What is the primary benefit of a collaborative law approach in divorce proceedings?
What is the primary benefit of a collaborative law approach in divorce proceedings?
What type of divorce allows for divorce without proving fault or wrongdoing by one spouse?
What type of divorce allows for divorce without proving fault or wrongdoing by one spouse?
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What is the primary goal of a parenting plan in divorce proceedings?
What is the primary goal of a parenting plan in divorce proceedings?
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What factor is considered when determining custody arrangements?
What factor is considered when determining custody arrangements?
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What type of custody arrangement allows one parent to have full responsibility for the child's care and decision-making?
What type of custody arrangement allows one parent to have full responsibility for the child's care and decision-making?
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What is the primary benefit of a unilateral divorce?
What is the primary benefit of a unilateral divorce?
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Study Notes
Child Custody
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Types of Custody:
- Sole Custody: One parent has full responsibility for the child's care and decision-making.
- Joint Custody: Both parents share responsibility for the child's care and decision-making.
- Shared Custody: Both parents share physical care of the child, but may not have equal decision-making authority.
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Factors in Determining Custody:
- Child's best interests
- Parent's ability to provide stable and loving environment
- Child's relationship with each parent
- Parent's ability to cooperate with each other
- Child's age and needs
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Custody Arrangements:
- Primary Residence: Child lives with one parent most of the time.
- Co-Residency: Child lives with both parents in the same home.
- Split Custody: Multiple children are divided between parents.
Divorce Law Reform
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No-Fault Divorce:
- Allows for divorce without proving fault or wrongdoing by one spouse.
- Reduces conflict and promotes more amicable settlements.
- Examples: Irreconcilable differences, irretrievable breakdown of the marriage.
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Unilateral Divorce:
- Allows one spouse to initiate and complete the divorce process without the other spouse's consent.
- Can reduce the length and complexity of the divorce process.
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Collaborative Law:
- A process where both parties and their lawyers work together to reach a settlement without going to court.
- Focuses on cooperation and mutual respect rather than adversarial litigation.
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Reforms to Support Children:
- Child-Focused Approach: Prioritizes the child's needs and well-being in divorce proceedings.
- Parenting Plans: Encourages parents to develop a plan for shared parenting responsibilities.
- Mediation and Counseling: Provides resources to help parents resolve disputes and co-parent effectively.
Child Custody
- Types of Custody: There are three main types of custody: sole custody, joint custody, and shared custody.
- Sole Custody: One parent has full responsibility for the child's care and decision-making.
- Joint Custody: Both parents share responsibility for the child's care and decision-making.
- Shared Custody: Both parents share physical care of the child, but may not have equal decision-making authority.
Factors in Determining Custody
- Child's Best Interests: The primary consideration in determining custody is the child's best interests.
- Parent's Ability: A parent's ability to provide a stable and loving environment is an important factor.
- Child's Relationship: The child's relationship with each parent is a key factor in determining custody.
- Parent's Ability to Cooperate: A parent's ability to cooperate with the other parent is also considered.
- Child's Age and Needs: The child's age and needs are also taken into account when determining custody.
Custody Arrangements
- Primary Residence: The child lives with one parent most of the time.
- Co-Residency: The child lives with both parents in the same home.
- Split Custody: Multiple children are divided between parents.
Divorce Law Reform
- No-Fault Divorce: Allows for divorce without proving fault or wrongdoing by one spouse.
- Reduces Conflict: No-fault divorce reduces conflict and promotes more amicable settlements.
- Unilateral Divorce: Allows one spouse to initiate and complete the divorce process without the other spouse's consent.
- Collaborative Law: A process where both parties and their lawyers work together to reach a settlement without going to court.
- Reforms to Support Children
- Child-Focused Approach: Prioritizes the child's needs and well-being in divorce proceedings.
- Parenting Plans: Encourages parents to develop a plan for shared parenting responsibilities.
- Mediation and Counseling: Provides resources to help parents resolve disputes and co-parent effectively.
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Description
Understand the different types of child custody and the factors that influence custody decisions. Learn about sole custody, joint custody, and shared custody arrangements.