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As our society becomes increasingly mobile, parents are frequently faced with exercising timesharing with minor children across state lines. Courts ar...
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modification of custody
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What's a judge to do when asked to modify a parenting time pact, due to a change of circumstances, when the parties haven't been following it in the first place? Well, the Western District Court of Appeals says practical realities, rather than the strict letter of the law, necessarily come into play.
In David M. Doerhoff v. Rachelle L. Salmons the mom and dad divorced in 1999. According to the dissolution agreement the couple enjoys joint physical and legal custody of the kids, but the youngsters' primary residence is with the mom.
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What's a judge to do when asked to modify a parenting time pact, due to a change of circumstances, when the parties haven't been following it in the first place? Well, the Missouri Court of Appeals, Western District, says practical realities, rather than the strict letter of the law, necessarily come into play.
The mom and dad divorced in 1999. According to the dissolution agreement, the couple enjoys joint physical and legal custody of the kids, but the youngsters' primary residence is with the mom.
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Custody
Modification -- Violation of Custody ProvisionMason-Crimi v. CrimiCAF 10-01947Appealed from Family Court, Erie County
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Modification of Custody - Health Insurance
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Custody of children Uniform Child Custody Jurisdiction and Enforcement Act R.C. Chapter 3127 Writ of prohibition to prevent modification of custody denied.
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DOMESTIC RELATIONS - CHILD CUSTODY - modification of designation of residential parent requires a determination that change of circumstances has occurred and that the modification is in best interests of child. Where parties to shared parenting plan agree that residential parent may temporarily move out of state to pursue her career and that party remains out of state one year longer than anticipated, this fact alone does not evidence change of circumstances; trial court not required to follow guardian ad litem's recommendation.
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DOMESTIC RELATIONS - CHILD CUSTODY - modification of shared parenting plan requires finding that modification is in child's best interest and that change of circumstances has occurred; termination of plan requires only best interest determination; decision terminating shared parenting plan and appointing one parent to be sole residential parent and legal custodian constitutes termination of shared parenting plan. CIVIL - EVIDENCE - hearsay; where trial judge is finder of fact, he is presumed to be able to disregard improper testimony unless judgment shows he relied on such evidence.
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modification of child custody, abuse of discretion, best interest of the child