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Frequently Asked Questions

What are the factors that the court considers during a custody case?

New Jersey Divorce Law Center :: Divorce FAQ's :: Child Supp...
The primary standard that the court uses to determine a custody case is always, "what is in the best interests of the child." The court has to determine many factors when it makes this decision.
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Question: What are the factors the court considers in issuing a preliminary injunction?

FAQ about Protest, Parody and Criticism Sites -- Chilling Ef...
Answer: Traditionally, a party seeking a preliminary injunction is required to show five basic factors: (1) that there is a probability of success at the ultimate trial on the merits of the claim; (2) that the plaintiff will undergo "irreparale injury" pending a full trial on the merits; (3) that a preliminary injunction will preserve the status quo which preceded the dispute; (4) that the hardships favor the plaintiff; and (5)that a preliminary injunction will favor the public interest and prot.
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Who has custody of the children if the court has not entered temporary custody orders in my case?

Hildebrand Law, P.C. - Frequently Asked Questions - Arizona ...
In Arizona, both parents have an absolute right to the care, custody, and control of their children until the court enters an order delineating each parent's rights. There are no rules with respect to the parents' respective rights to their children until an order is entered by the court which has the potential of creating a situation wherein one or both parents are unilaterally keeping the children from the other parent.
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What factors are considered by the Court in granting shared custody?

The Law Offices of Doug Friesen
The court considers a number of factors, including the following, in determining whether a shared custody agreement will be approved. a. Whether both parents are fit and proper persons to exercise the care, custody and control of the minor child. d. That it is in the child's best interest for each parent to have frequent, meaningful and continuing access to the child. f. Whether there has been regular and consistent contact with child by both parents before and during the divorce proceedings.
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Question: In a Divorce, Custody, Visitation or Child Support case, will I have to go to court?

Arizona Bankruptcy Divorce FAQ *
Answer: Yes. If the process is not contested, and it goes through by default - and there are children involved - you will have to appear before a judge for a very short period (the other party does not have to appear). If you are getting divorced, and you have no children, it is possible to ask the court to sign the divorce decree without a hearing - this does not guarantee that the divorce will happen without a short hearing, because the judge has the final say on that issue.
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How does the court determine what is in the best interest of my children in a child custody case?

FAQs - Raleigh NC Family Law Attorneys – Adoption, Pre...
The court will examine a vast number of factors, including who the children are living with at the time the custody determination is made, the children's historical relationship with each of the parents, and each of the parents' ability to care for the children.
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Frequently Asked Questions | Administrative Law Attorneys, B...
The court will examine a number of factors, including who the children are living with at the time the custody determination is made, the children's historical relationship with each of the parents, and each of the parents’ ability to care for the children.
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When will the court reach a decision in my case?

Federal Judiciary Frequently Asked Questions
Most cases are handled in an expeditious manner. The Speedy Trial Act of 1974 establishes standard time requirements for the timely prosecution and disposition of criminal cases in district courts. There is no similar law governing civil trial scheduling, and as a result, the scheduling of criminal cases is assigned a higher priority. In 1990, Congress enacted legislation that directs each district court to devise and adopt a civil expense and delay reduction plan.
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What factors determine custody and visitation?

Attorney Donald W. Wruck III ? Dyer Personal Injury Lawyers ...
The primary consideration is, "What is in the best interest of the child?" The best interest of a child is determined on a case-by-case basis upon consideration of all relevant facts concerning the circumstances of both parents.
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Custody - What factors are considered?

Ronald A. Saper - Phoenix Arizona Divorce Attorney, Custody ...
The Court is required to make decisions based upon the "best interests" of the child. As a result, there is no limitation as to the factors that may be considered by the Court in making such determination. The most common factors considered by the Court include:
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Can I ask the Friend of the Court for a custody investigation?

Macomb County, Michigan: Circuit Court: FOC FAQ
No. The Friend of the Court can only respond to the court order directing them to investigate the issue of custody.
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What types of custody are acceptable to the court?

The Law Offices of Doug Friesen
The court may award either sole custody to one parent, with reasonable visitation to the non-custodial parent, or, in the alternative, the court may award shared custody with one parent being designed as the primary residential parent.
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Can I move with the children if the court has given me custody?

Canadian Family Law
Syrtash & Jarvis : This is an issue of mobility rights. The best interests of the child will prevail when the court considers whether or not to allow a custodial parent to move with the children. Where a parent wants to move away because of a better job opportunity, to live with a new spouse, or to be closer to family, the courts will primarily consider the impact that such a move would have on the child.
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What are the different factors that a blender considers when making a new blend of tobacco?

Pipe Smoker's FAQ Section
Blending a good pipe tobacco is an extremely complicated process, and it requires talent, experience, and lots of patience. Having in mind the kind of blend that is required, the blender should consider, among other things: the taste, color tones, aroma, combustibility, humidity, cut, and feel of each blending tobacco, and then the same aspects all over again to evaluate the final product before offering it on the market.
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What are the factors that the CAC considers in the decision to award or deny accreditation?

American Correctional Association (ACA): Standards and Accre...
Accreditation decisions are based upon the totality of the conditions of an agency/facility. This includes levels of standards compliance, the quality of life and conditions of confinement and a review of significant incidents.
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How can I get Census 2000 figures certified for a court case?

Census 2000, Frequently Asked Questions
For a certification involving information produced by the Census Bureau, a customer can print off the request form on the certification web page and fax it to the Customer Services Center (301-457-3842). You can also submit the request via e-mail (MSO.Certify@census.gov) or over the phone (301-763-INFO). There is a fee for this service.
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I need weather information for a court case. How do I get it?

NWS Norman, Oklahoma - Frequently Asked Questions
We cannot provide weather information suitable forcourt cases. The National Climatic Data Center is the national repository for climate records. Alternatively, the Oklahoma Mesonet is available if you need data from Oklahoma. Expert testimony may be obtained from private meteorologists.
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What was the court case about?

Warrior Central: FAQ
After his WWF tenure ended in 1996 both filed lawsuits against each other claiming they had the rights to the name and likeness of the Ultimate Warrior. WWF claimed Warrior did not get to keep the name because he didn't live up to his contract. Warrior claimed WWF was unfair to his contract and that he owned the name before 1996 and even before he came to WWF in 1987 anyway. The case was settled in a court in Arizona sometime around 2001. Warrior won the case.
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Will my case have to go to court?

FAQ's
Contrary to what you hear on television and read in the newspapers about our courts being clogged with personal injury suits, most cases settle. We make a good faith effort to settle cases, but if the other side isn't willing to pay a fair amount on your claim, we will file suit. Even after suit is filed, most cases still settle. If your case has to be tried, we will work with you to make sure you are prepared for that process.
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FAQS relating to Sandback, Birnbaum and Michelen: Attorneys ...
While lawsuits are started in many of our cases, they rarely go to trial. The vast majority of our clients' matters are settled - quickly, out of court and to our clients' satisfaction.
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Does the Friend of the Court have a motion packet for change of custody?

Macomb County, Michigan: Circuit Court: FOC FAQ
Yes. The custody and parenting time motion packets (forms) may be obtained from the Friend of the Court Receptionist on the 6th Floor. Not typically. You may obtain a pro per motion packet (forms) as indicated above. You must file a motion to modify custody even if you and the other parent agree to the change.
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If I give custody of my kids to someone, can I get them back without going to court?

SCLS
No. If legal custody of your child has been given to someone, you must obtain a court order changing custody back to you. Even if the Court order was for Temporary Custody, another court order is required to change it.
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What kind of custody can the court award?

Frequently Asked Questions| Andalman & Flynn P.C.
In Maryland, the court can order physical custody and legal custody. Physical custody is with whom the child primarily resides, and legal custody is who makes decisions affecting the child's health, wellbeing, and welfare. Physical custody may be sole or joint/shared. Sole physical custody means that the child resides primarily with one parent, and has visitation with the other.
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How does court decide about custody and access?

Dubas & Company, BC law firm, family law, business law, chil...
If parties are married and have a child or children, the custody and access each party will have with the children is determined under the Family Relations Act if people are unmarried or married but do not wish to get a divorce. If parties are divorcing, they can have their rights to custody and access determined under the Divorce Act.
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How does the court determine custody of children?

Family Law and Divorce FAQ - Law Firm Lins Law Group PA Atto...
First of all, in Florida, applicable family law statutes use the terms “parental responsibility” and “primary and secondary residence” in describing what is commonly referred to as “custody.” Parental responsibility contemplates how major decisions involving minor children will be made. Typically, shared or joint parental responsibility is most commonly awarded to both parents.
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What type of custody arrangements can a court impose?

New Jersey Divorce Law Center :: Divorce FAQ's :: Child Supp...
Once a court makes a custody determination, there are several possible custody arrangements that a court may impose. The court may impose: (1) sole physical or legal custody; (2) sole physical custody with joint legal custody; (3) joint custody. The term "joint" does not mean equal. Instead, "joint" means that the parties equally share the obligation to raise the child.
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What is the most traditional custody arrangement that a court imposes?

New Jersey Divorce Law Center :: Divorce FAQ's :: Child Supp...
The most traditional arrangement is for the parties to share joint legal custody, and the wife/spouse in most cases obtains physical or residential custody. When one parent receives custody, the other parent receives visitation rights. This parent is also referred to as the "non-custodial parent." The amount of visitation rights that a parent receives varies in each individual case.
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Is there a formula the court will use to determine custody?

Douglas Cohn, Attorney at Law
For both legal and physical custody, the Court will determine the best interests of the child based upon the evidence. There is no formula for this determination. However, the Court will look at the parenting roles during the marriage, the fitness of the parents, character and reputation of the parents, any agreements of the parties, preference of the child (The older the child, the more weight this is given.
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If a wrongful death occurs, can a wrongful death case always be filed in court?

Frequently Asked Questions| Davis Law Group
No. A wrongful death case is only allowed by statute and the terms or requirements set forth in the statute must be strictly met. a wrongful death case may only be pursued if there are certain beneficiaries (or survivors) designated in the statute. In Washington the wrongful death case can only proceed if there is a surviving spouse or surviving children.
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