My Civil Advocate

We figured it might be helpful to produce a short article that summarizes the key differences among different types of custody. Full custody: this means that one parent is granted the majority of custody time and legal rights for the child. Joint custody: in this situation, the parents can split the physical custody of the child, and then have just one of the parents handle the legal custody (and, as a result, make any major decisions on behalf of the child). More common is to have parents share legal custody and then have one parent awarded physical custody. True joint custody arrangements, in which parents share both physical and legal custody equally, tend to be rare because of the logistical and personal issues involved (scheduling, added stress, disruption of the child's routine, costs, etc.) Sole custody: this means that one parent is awarded full legal and physical custody. These arrangements are rare, and are typically only set up if one parent is deemed unfit or wh...

Adoption can be a long and emotional undertaking. Familiarity with adoption rules and procedures can benefit would-be adoptive parents. For an adoption to be legal, the birth parents must consent to the adoption - unless they have been legally stripped of their parental rights (e.g., unfitness). Most states do not permit the parents to sign a consent form until the child is born. In some states, birth parents need to wait three or four days. Even after a child has been placed in their adoptive home, in many states the birth parents still have a window of time during which they can change their mind- a period of angst for the adoptive parents. Understandably, some states require counseling for birth parents before they sign a consent form. Prospective adoptive parents will undergo a "home study" to make sure they are fit to raise a child. A state agency or licensed social worker will investigate issues such as marital stability, lifestyle, financial situation, physical a...

Starting a family can be exciting, stressful, joyful, and daunting - all rolled into one. As with most endeavors, a little foresight and planning can go a long way. Prior to a newborn's arrival, know the facts about what and how much your health insurance will cover. Give some thought as to whether you want a doctor or midwife to provide prenatal care and deliver the baby. Choose a pediatrician before a baby's birth. In the workplace, find out how much maternity leave can be taken and how much of it will be paid. Inquire as to your employer's policies on taking time off for doctor's appointments or to prepare for adoption. Consider the steps you must take to get health insurance coverage for your bundle-of-joy-to-be. Research the safest baby products available and which ones to avoid. Is your home free of hazards? Do your homework on child safety seats. Know your legal rights to nurse in public. When returning to work after the birth, be informed on what your righ...

In most states, juvenile delinquency proceedings involve persons age 18 or under. A few states might go lower, at 16 or 17, and one state (Wyoming) sets the age at 19. All juvenile cases are civil matters, not criminal. In juvenile delinquency cases, instead of being charged with a crime, the juvenile is accused of committing a delinquent act. A prosecutor or probation officer typically gets the ball rolling by filing a civil petition, which states the charge and requests that the court determines that the juvenile has been delinquent. Juveniles have the right to attorney representation at an adjudicatory hearing (where the judge weighs the evidence in a case), but they do not have the right to a trial by jury. If a delinquency determination is made, the court has broad powers as a to what constitutes the best interests of the child and a suitable course of action. Common delinquent acts include theft, drug abuse, simple assault, and disorderly conduct, among others. Roughly ...

One of the realities of life is that it throws us curves sometimes. Usually we're able to adapt and move on, but in some cases that's easier said than done... especially if that curve involves a major change such as a job loss or an unexpected medical emergency for one of your children. If you are falling behind on child support payments or having trouble caring for your child on your current support level because of a change in your life's circumstances, you may need to look into changing your current child support order. This can be done in a couple of ways. The easiest way is to simply check with the other parent to see if she or he is amenable to changing the support terms. If so, you can typically ask a judge to approve the new terms. If you and the other parent are unable to come to an agreement on modified support terms, you'll need to request a court hearing. At that hearing each of you will make your case for the amount you feel is fair. To get a modifica...

According to a North Carolina Department of Insurance study, over 3.5 million child injuries occur on school grounds or during school-related activities each year in the United States. Sometimes an accident is just that - an accident. Other times an injury may be caused by an intentional act, or the negligence of the school or one of its employees. Bullying is an example of an intentional act. In some instances the school may be held responsible if it knew the bullying may tak place but did not respond appropriately to prevent it. Teacher abuse of a student may leave a school district vulnerable to liability for failing to conduct thorough background checks, offer proper training, or implement acceptable oversight. Schools are obligated to provide shelter, food, transportation, and a safe environment for its students. Generally speaking, if a school fails to follow accepted standards of care in providing these services, and it causes harm to a child, then the school is negligent. ...

Domestic violence intrudes on the lives of approximately 4 million people each year, 95 percent of whom are women. Children, other relatives, friends, and employers suffer the ripple effects as well. Protect your and your children's lives and well-being when the threat of violence and abuse looms by calling the police if necessary. Then immediately contact a domestic violence relief agency for direction to a safe shelter. If divorce is an option you want to pursue, be aware that domestic violence changes the entire equation. In divorce proceedings devoid of violence, just up and leaving with the children in tow without what the court considers a good reason may negatively impact alimony payments and the ability to return to the house until property is divided by the court. When domestic violence is in play, however, safety is an overwhelming objective. Leave for a safe haven; focus on legal matters when you are safely situated. A court order may be obtained on the fast track ...