Child custody is a legal term for describing the relationship and duty between a parent and child in light of situations where both parents of the child no longer wish to share a relationship with each other. Such a situation may involve a divorce, an annulment, or a separation, in which children present in the relationship may not reside with both parents and must be under the primary care of a parent that will make decisions for the child and care for the child. http://public.getlegal.com/legal-info-center/divorce-law/child-custody

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http://divorce1.org/Law_Offices/Ottawa.php

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http://www.milissabarrick.com/child-custody-and-modification.php
Most states refer to types of “child custody,” such as sole custody, joint custody and shared custody, to describe arrangements for child care and responsibilities after divorce. (940) 723-9300

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ADVANCE DIRECTIVES/ LIVING WILLS
All States have declared that competent adults have the fundamental right in collaboration with their health care providers, to control decisions about their own health care. States recognize in their laws and public policy, the personal right of the individual patient to make voluntary, informed, choices to accept, reject or to choose among various alternative courses of medical and surgical treatment.

WHY ADVANCE DIRECTIVES/ LIVING WILLS
Modern advances in science and medicine have made possible the prolongation of the lives of many seriously ill individuals, without always offering realistic prospects for improvement or cure. For some individuals the possibility of extended life is experienced as meaningful and of benefit. For others, artificial continuation of life may seem to provide nothing medically necessary or valuable, serving only to extend suffering and draw out the dying process. States recognize the inherent dignity and value of human life and within this context recognize the fundamental right of individuals to make the necessary health care decisions to have life-prolonging medical, surgical, or procedure means provided, withheld, or withdrawn.
States acknowledge the right of competent adults to plan ahead for health care decisions through the execution of advance directives, such as living wills and durable powers of attorney, and to have their wishes respected, subject to certain limitations.

PURPOSE OF LIVING WILLS
In order to assure respect for patients’ previously expressed wishes when the capacity to participate actively in decision making has been lost or impaired; to facilitate and encourage a sound decision making process in which patients, health care representatives, families, physicians, and other health care professionals are active participants; to properly consider patients’ interests both in their self-determination and well-being; and to provide necessary and appropriate safeguards concerning the termination of life-sustaining treatment for incompetent patients as the law and policy of this State and the Legislatures have enacted Living Will/ Advance Directives for Health Care Acts.

REQUIREMENTS OF STATUTE
The advance directive for health care (Living Will) requires a writing executed in accordance with the requirements of the state law. It must be signed and dated in front of an attorney at law, other person authorized to administer oaths, or in the presence of two subscribing adult witnesses. If the two adult witnesses are used, they both must attest that the declarant is of sound mind and not under undue influence. A designated health care representative shall not act as a witness to the execution of the advance directive. Since this is a legal document, it must be executed properly to be valid under the statute.

HEALTH CARE REPRESENTATIVE
The declarant must designate one or more alternative health care representatives. “Health care representative” means the person designated by you under the Living Will for the purpose of making health care decisions on your behalf.

WHEN DOES THE ADVANCE DIRECTIVE BECOME
OPERATIVE
An advance directive becomes operative when (1) it is transmitted to the attending physician or to the health care institution, and (2) it is determined pursuant to the Act that the patient lacks capacity to make a particular health care decision.
Treatment decisions in pursuit of an advance directive shall not be made and implemented until there has been a reasonable opportunity to establish and where appropriate confirm, a reliable diagnosis for the patient which shall include the attending physician’s opinion concerning the nature, cause, extent, and probable duration of the patient’s incapacity. This soon after shall be made a part of the patient’s medical records. For additional information or to have a “Living Will” prepared, see your attorney. In addition, be certain your Last Will and testament is up to date.

Why should I consider writing an advance directive/ living will?

Serious injury, illness or mental incapacity may make it impossible for you to make health care decisions for yourself. In these situations, those responsible for your care will have to make decisions for you. Advance directives are legal documents which provide information about your treatment preferences to those caring for you, helping to insure that your wishes are respected even when you can’t make decisions yourself A clearly written and legally prepared directive helps prevent disagreements among those close to you and alleviates some of the burdens of decision making which are often experienced by family members, friends and health care providers.

KENNETH VERCAMMEN & ASSOCIATES, PC
Attorney at Law
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
www.centraljerseyelderlaw.com
To schedule an in office consultation, contact us at Kenvnjlaws@verizon.net

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Lisa McCurdy, attorney at Nixon Peabody in San Francisco, discusses what happens when the custody of a pet is disputed when a couple separates. She addresses strategies for avoiding legal intervention, ways to establish and determine pet “ownership,” and what to do once the courts get involved. She also examines the challenge presented by animals legal status as “property” in disputes over pet custody.

On January 14, 2009, Lisa spoke at “Hot Topics in Animal Law: Pet Custody Disputes,” hosted by the Bar Association of San Francisco.
Panelists included:
- Joyce Tischler, founder and general counsel, Animal Legal Defense Fund
- Lisa McCurdy, attorney at law, Nixon Peabody
- Bill Schoch, pet guardian

For more information about pet custody, visit the Animal Legal Defense Fund website at: http://aldf.org/article.php?id=239

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http://www.TheOnlyTrustedGuide.com/child-custody — “Win Your Child Custody By Yourself Now!”

presented by
TheOnlyTrustedGuide.com

Dr. Bricklin and Dr. Elliot are the most famous and respected custody experts have use their 30 years of training and experience to formulate custody strategies that can easily put into action.

“With Unique Strategy That You Will Not Find Anywhere”
Let Them Help You Now !

THIS INFORMATION WILL HELP YOU, AS A FATHER, MAKE YOUR STRONGEST CASE FOR CUSTODY.

It will also directly help protect your children now and in the future. Your children will thank you one day for taking “their best interests” seriously!

First, we would like you to know how we have come to be in possession of so much important information.

Over the 30-plus years of our working in the child custody field, we have become increasingly involved in cases that frequently may find their way into court.

We have acted as expert witnesses, custody evaluators or consultants for hundreds of parents involved in custody disputes all over the country.

Further, as editors of a national publication on custody matters, as responders to a 24-hour “hotline” where we answer questions from professionals about our tests, and as directors of a national organization of custody experts, …

we continually hear from judges, attorneys, professional experts and parents who in one way or another have been caught up in custody disputes, some of them simple, but most longstanding, complex and bitter.

From these activities, we came to gather a huge amount of information on how various psychological and legal strategies, different kinds of evidence, and types of allegations work (or fail to work), both in the courtroom as well as in out-of-court negotiations.

The following are some of our thoughts on what we have experienced. Everything discussed here is covered in our new Strategies handbook.

We were shocked at how many bright, wise, loving—indeed even “savvy”—fathers did not know the single most important fact that must be true if one is to prevail in a custody dispute.

And this must be the best kept secret in the world, because even extremely intelligent, sophisticated professionals fail to make use of it.

Indeed, even attorneys, who themselves as parents are caught up in custody disputes, frequently do not know how to make his single most important factor work for them.

We identified fourteen “key behaviors” that differentiate between parents who do well in custody disputes from those who do not. We consider these behaviors to be strategically critical.

We have identified what we see as the single biggest mistake a father in a custody dispute can make. And the irony here is that our own legal system actually encourages fathers to make this huge mistake.

If you are a father in a child custody dispute, you must learn to recognize (and deal with) blatantly wrong and immoral strategies that will likely be used against you.

To add insult to injury, these strategies can be effective. And in our experience, many attorneys fail to help their clients deal with these tragically effective strategies, because they are more psychological than legal strategies, and attorneys are not often trained either to recognize or deal with them.

Another exceedingly important point is that too many fathers do not fully understand all the important things their attorneys should be doing for them. Simply put, many fathers do not know what they should ask for.

To learn more about Child Custody, please visit our website:

http://www.TheOnlyTrustedGuide.com/child-custody

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News story of Fathers-4-Justice rally in Cincinnati, Ohio

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I have 3 children and live in Texas. Their biological father has been absent their entire life. He pays court ordered child support only because they just recently found him and take it out of his check. I am remarried and would like to file for full custody and my husband to adopt them and also have names changed (which is their decision). What forms would I need to fill out to get this done?

You aren’t asking for full custody, you are asking the courts to terminate his parental rights.

It is difficult at best unless the father agrees to it, this is not something that you ‘file forms’ to get done, this is something that will involve an attorney for you, and one appointed by the courts for the children, not to mention one for the father.

My ex wife left 2 of our children and 1 of her children with me about 2months ago and has not came back for them. She also moved out of state illegally with our oldest daughter. I am trying to get modification of custody, so that I may have sole physical custody of all of the children. I have looked on my states website, asked the secretary at the court and looked all over the internet and can not find the correct forms to file for custody in the state of Indiana. I can’t afford an attorney and have already presented my case to pro bono lawyers with no luck. Can anyone tell me what forms to fill out for modification of child custody in the state of Indiana?

Indiana does not provide custody modification forms online. Contact the clerk of the court where your custody order was issued and see if they have the forms. If not, contact your local legal aid.

http://www.in.gov/judiciary/selfservice/forms/index.html

"If you can’t find what you’re looking for…
If the type of case you wish to file or legal issue you need help with is not listed here, then this website doesn’t have forms or any self-service guides prepared for your case type. For example, forms and self-help information isn’t available here for cases involving custody, adoption, debt collections, wills and estates, property liens and mortgage foreclosure, and many other types of cases."

Find your local legal aid: http://www.indianajustice.org/Home/PublicWeb/LegalSvcs

Why would an American father more likely to pay child support, and voluntary give custody to the mother? The mother tries to come up with a parental plain that both parents are satisfied with. It is generally know that because this mother is from Eastern Europe she is a better mother that most Italian mothers, and even Italian man would say that. Those same Italian men would say that 90 percent of American women are crap.

Totally not fair.