When to use habitual residence in child custody?

. The determination of the habitual residence of the child is crucial where there has been a wrongful retention or removal of the child concerned, or where a case concerns an application to stay proceedings on the ground of forum non conveniens.

What’s the difference between joint custody and residency?

Where parents have joint custody – meaning they share 50:50 decision-making responsibilities on major issues – the residency schedule may vary according to what is in the best interests of all of the participants, and most predominantly, those of the child.

Who is the custodial parent in a child custody case?

Both parents are the custodial parent, and neither parent is non-custodial. The child spends a substantial amount of time living with each parent, and both of the parents have equal responsibility as to the physical care of the child.

When to apply for joint custody of a child?

If the child was not residing with the surviving parent when the deceased parent died, others may apply for custody. If the parents have joint custody of the child, it is the parent with whom the child resides that decides where the child should live.

Both parents are the custodial parent, and neither parent is non-custodial. The child spends a substantial amount of time living with each parent, and both of the parents have equal responsibility as to the physical care of the child.

What do I need to know before going to court for joint custody?

When heading to court, be prepared to answer questions about possible school districts and activities available to the child in the new location. Additionally, you should be able to explain how you will accommodate travel and alternate parenting time arrangements.

What should I do before moving to a new state for child custody?

Before moving, you should report to the court your changed circumstances and file a petition to modify your child custody arrangement. It is required that you show that the changes, and the move, are in the child’s best interests.

What to know about child custody in Rosenblum law?

The child also went to school multiple times crying hysterically about things going on her father’s home. The judge ordered the child interviewed. He wanted to know exactly what was going on in dad’s house. Needless to say, the child reported that dad constantly told her how horrible mom was.