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Posts Tagged "Legal Custody"

What is Termination of Parental Rights vs Legal Custody

David Cantor explains the Termination of Parental Rights versus Legal Custody in this short video:

Domestic matters of child welfare and adoption can complicate and dictate parental rights and child custody. Termination of parental rights refers to “termination of care or control of child custody” that’s often complacent and later coupled with challenges to the ruling on legal custody. The notion of terminating parental rights to the relationship of a child, then years later pursue to challenge that decision is a difficult road, but not impossible nor unheard of.

Termination of parental rights, hence terminating the care or control of child custody can occur during a lawful process of adoption, unwanted child births, and straightforward termination of custodial rights. Parents faced with terminating parental rights to child custody are often under some form of duress, which can lead to a legal challenge. Questioning the lawful termination of parental rights isn’t the same as questioning legal custody. The termination of parental rights is meant to lawfully or willfully remove challenging legal custody, but is further inclusive of a finer difference. “Lawfully” references those cases where parental rights had been terminated by court order, while “willfully” is referencing those parents who voluntarily terminated parental rights, to the relationship of a child.

If the termination of parental rights to child custody was willful, it’s unlikely the court would revisit a petition for vacating termination of parental rights. The cost, time, and psychological impact has an effect upon the responding parties. If evidence was provided that duress effected or influenced the decision for termination of parental rights, it could persuade the court to revisit the subject-matter, based upon that evidence. Cases where the court has ordered termination of parental rights, then petitioning to revisit and vacate that court order carries even a lesser chance of it happening. If the petitioner can provide evidence of duress, the case would eventually progress under statutes governing child custody. The petitioner in either scenario must prove regaining “parental rights” to the relationship of a child is essential, thus contributing to the well-being of that child.

The termination of parental rights to the relationship of a child, abandoning child custody and petitioning to regain those parental rights is an important decision. Local statutes may determine the length of time a case remains open or closed, but courts and child custody together amounts to legal hurdles and much expended time. These hurdles involve social workers, child custody investigators, guardian ad litems, and either background screenings or personal witnesses.

If you would like to speak with an attorney from the Cantor Law Group about the Termination of Parental Rights or Legal Custody, our offices can be reached 24 hours a day at (602) 254-8880. Or you can use our secure confidential email form.

What is the State of Arizona Definition of Legal Custody?

David Cantor explains the State of Arizona definition of Legal Custody:

Legal custody is a broad phrase that’s intended to define the boundary or jurisdiction by which a subject or object is held. Legal custody is a phrase combined of two terms: “legal” and “custody.” Arizona Revised Statutes (A.R.S) holds all codifications applied to the state boundaries of Arizona. What’s ruled legal or not is merely confirming the act with an A.R.S. Title, statute, and penalty (emphasis is on “penalty” because few statutes define the “rights” of the accused, except perhaps in affirmative defense cases). From here we’ll move to briefly examine what’s “legal custody.”

Understanding the U.S. Constitution, federal law, a state constitution, state laws, and municipal regulations essentially define the boundaries of civility. These doctrines and codifications determine what’s legal or illegal, but only as a matter of law. Each structure in scope applies only to U.S. citizens or those expatriates acting under the United States of America flag. “Legal” is thereby “lawful” in its lingo resulting to: “lawful custody.” Since the legalities must reference what’s lawful, in this instance, we’re merely discussing what defines “lawful custody” under A.R.S. codifications. “Custody” doesn’t always reference a person and can also apply to a place or thing, thus “subject” or “object” is used interchangeably. For instance, A.R.S. Title 25 Marital and Domestic Relations, one may deduce the title only references codes pertaining to marriage or divorce; while this is true and impartial, the title also codifies “lawful” child “custody” and “lawful custody” of property.

Keep in the mind that all codifications will reference a subject or object, but the subject or object must also exist in a definitive jurisdiction. Custody references the accountability and control by which a person, place, or thing is lawfully bound. Therefore, the definition of legal (lawful) custody in the state of Arizona is first codified under original jurisdiction, then subject-matter jurisdiction or personal jurisdiction relating to a “subject” as “people or a person” and “object” as “property.”

Click Here to Speak with an Attorney About Custody for Free.

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Court orders our client to receive equal custody time

In the summer of 2007, Mr. D retained  the Cantor Law Group for assistance with his custody, parenting time and child support issues he was currently facing. He was never married to his ex-girlfriend, but they had two very young children together. Immediately upon the couple’s breakup, the mother began controlling and obstructing the father’s parenting time. When the father initially retained our services, the mother was allowing him to only have very little contact with his two children.

The mother went so far as to demand that both children be placed in third party day care, despite the fact that the father’s work schedule was the opposite of the mother’s work schedule. In addition, he was eager and available to provide care for the children all day long (since he worked nights). The mother was demanding sole legal custody and made unilateral decisions for the children’s welfare without the father’s participation. After we took the case to trial, the judge ruled that the mother’s behavior was obstructive and inappropriate. The judge ordered that Mr. D receive joint legal custody, along with 50% parenting time.

If you are in a similar situation where your ex-partner is not allowing you to participate in making parenting decisions or adequate visitation, then click on “CONTACT US” or call The Cantor Law Group to set an appointment today! Remember, we can often get the Court to order that you have the visitation and parental supervision that you are entitled to!

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