Whose Child is it Anyway? Awarding Joint Custody Over the Objection of One Parent

This Note addresses issues of joint custody of children in divorce cases where one parent objects to that arrangement. Part I examines New York\u27s approach to custody, and finds it unduly restrictive and thus likely to inhibit full consideration of joint custody as an alternative. Part II of the Note discusses the historical background of child custody and explains the emergence of joint custody as a result of perceived inadequacies inherent in the sole custody arrangement. Part III discusses different approaches taken by various jurisdictions to the controversial issue of awarding joint custody over the objection of one parent, and contains an analysis of Beck v. Beck, the leading case upholding such an order. Part IV takes the position that because under certain circumstances joint custody will serve the best interests of the child, the New York courts must adopt a flexible approach that will ensure full consideration of joint custody, even when one party objects. Finally, this Note recommends that New York join the majority of states that recognize that under proper circumstances, courts may award joint custody over the objection of one paren

Whose Child is it Anyway? Awarding Joint Custody Over the Objection of One Parent

This Note addresses issues of joint custody of children in divorce cases where one parent objects to that arrangement. Part I examines New York\u27s approach to custody, and finds it unduly restrictive and thus likely to inhibit full consideration of joint custody as an alternative. Part II of the Note discusses the historical background of child custody and explains the emergence of joint custody as a result of perceived inadequacies inherent in the sole custody arrangement. Part III discusses different approaches taken by various jurisdictions to the controversial issue of awarding joint custody over the objection of one parent, and contains an analysis of Beck v. Beck, the leading case upholding such an order. Part IV takes the position that because under certain circumstances joint custody will serve the best interests of the child, the New York courts must adopt a flexible approach that will ensure full consideration of joint custody, even when one party objects. Finally, this Note recommends that New York join the majority of states that recognize that under proper circumstances, courts may award joint custody over the objection of one paren

Deaths in custody in Australia: National Deaths in Custody Program 2011–12 and 2012–13

Abstract: The data presented in this report include frequencies of deaths in prison and police custody and information regarding the deceased, including demographic information and cause of death. Long term trends are also presented. In 2011–12 and 2012–13, there were 144 deaths in custody, 73 in 2011–12 (42 prison custody; 31 police custody and custody-related operations) and 71 in 2012–13 (53 prison custody; 18 police custody and custody-related operations). At June 30 2013 the total prison population in Australia was 30,775 (including 8,430 Indigenous prisoners; 27%). More than two-thirds of deaths in prison were due to natural causes (n=64), most commonly cancer. Hanging deaths accounted for 19 percent (n=17) of prison custody deaths. The number of police custody deaths in 2012–13 dropped significantly from 2011–12 and is the lowest recorded since the definition of police custody deaths was expanded in 1990

Bargaining at divorce: The allocation of custody

We model the bargaining process of parents over custody at the time of divorce. First we assume an institutional setting where only sole custody is available. In a second step we reform this institutional setting and introduce the possibility of joint custody. We show that some parents, who would not be able to find an agreement in a sole custody regime, can find an agreement after the joint custody reform. Accordingly, our empirical analysis shows that the introduction of joint custody enables more parents to divorce by mutual consent.(joint) custody; divorce; family law; bargaining

The securities custody industry

Custody is, in essence, a service consisting in holding (and normally administering) securities on behalf of third parties. In step with the growth of sophisticated financial markets, custody has evolved into a complex industry no longer characterised by physical safekeeping but by a range of information and banking services. Given the multi-tier structure of the industry, custody services are provided by a variety of intermediaries. This paper describes the development of the custody industry and the structure of the custody services market. It also discusses the risks involved in custody and the challenges the industry is facing, particularly in the European context. JEL Classification: G15, G21, L22.Custody industry, securities settlement, systemic risk, custodian banks, global custodians.

Physical Custody in Wisconsin Divorce Cases, 1980–1992

This report examines data from the court record of 9,500 Wisconsin divorce cases in twenty-one representative counties for a period of twelve years, from 1980 to 1992, in order to document how child custody is being handled in divorce. We find an increased involvement of fathers with their children after divorce, particularly through joint legal custody (81 percent in 1992), but also in shared physical custody (14 percent in 1992), and in an increase in specific and detailed physical placement awards. We find substantial differences in custody awards related to situations and actors in the divorce process, and wide variations in custody awards between counties. We also find major differences between families who have equal 50/50 time-share and those who have unequal shared-custody arrangements. These two kinds of shared-custody cases have been treated as one type in the research on custody to date, but appear in our data to characterize two quite different kinds of families.

The Effect of Joint-Child-Custody Legislation on the Child-Support Receipt of Single Mothers

Due to the preponderance of single mothers on public assistance, delinquent child support has been a contentious political issue in the U.S. for over 30 years. We examine whether joint-child-custody reform affects the child- support receipt of single mothers. We use variation in the timing of joint-custody reforms across states to identify the effect of joint custody on the child-support receipt of single mothers. Joint-custody enactment raises the probability of receiving child support for all single mothers by six percent. However, the effect on all single mothers is driven by the effect on divorced mothers since separated and never-married mothers are unaffected by joint-custody reform. We conclude joint-custody reform confers the most benefit on divorced mothers and their children, particularly those who do not receive public assistance.child support, joint custody, child-custody laws, child-support enforcement

Understanding Health Risks for Adolescents in Protective Custody

Children in child welfare protective custody (e.g., foster care) are known to have increased health concerns compared to children not in protective custody. The poor health documented for children in protective custody persists well into adulthood; young adults who emancipate from protective custody report poorer health, lower quality of life, and increased health risk behaviors compared to young adults in the general population. This includes increased mental health concerns, substance use, sexually transmitted infections, unintended pregnancy, and HIV diagnosis. Identifying youth in protective custody with mental health concerns, chronic medical conditions, and increased health risk behaviors while they remain in custody would provide the opportunity to target prevention and intervention efforts to curtail poor health outcomes while youth are still connected to health and social services. This study leveraged linked electronic health records and child welfare administrative records for 351 youth ages 15 and older to identify young people in custody who were experiencing mental health conditions, chronic medical conditions, and health risk behaviors (e.g., substance use, sexual risk). Results indicate that 41.6% of youth have a mental health diagnosis, with depression and behavior disorders most common. Additionally, 41.3% of youth experience chronic medical conditions, primarily allergies, obesity, and vision and hearing concerns. Finally, 39.6% of youth use substances and 37.0% engage in risky sexual behaviors. Predictors of health risks were examined. Those findings indicate that women, those with longer lengths of stay and more times in custody, and those in independent living and conjugate care settings are at greatest risk for mental health conditions, chronic medical conditions, and health risk behaviors. Results suggest a need to ensure that youth remain connected to health and mental health safety nets, with particular attention needed for adolescents in care for longer and/or those placed in non-family style settings. Understanding who is at risk is critical for developing interventions and policies to target youth who are most vulnerable for increased health concerns that can be implemented while they are in custody and are available to receive services

The Effect of Joint Custody on Marriage and Divorce

Since the 1970s almost all states have introduced a form of joint custody after divorce. We analyze the causal effect of these custody law reforms on the incidence of marriage and divorce. Our identification strategy exploits the different timing of reforms across states and the control group of divorcing couples without minors. Estimations based on state panel data suggest that the introduction of joint custody led to a long-run increase in marriage rates. There is no convincing evidence for an impact of joint custody on divorce rates. In sum, joint custody has increased the stock of married people and dampened the persistent downturn in marriage. Our empirical evidence is fully consistent with the supposition that these additional marriages are the result of an increased incentive of men to marry.joint custody, marriage, divorce, family law, marital-specific investment

The Rights of Divorced Lesbians: Interstate Recognition of Child Custody Judgments in the Context of Same-Sex Divorce

This Note explores the issue of interstate recognition of child custody, which arises in the context of same-sex divorce. The Parental Kidnapping Prevention Act (PKPA) requires states to grant full faith and credit to all child custody orders; on the other hand, the Defense of Marriage Act (DOMA) allows states to deny full faith and credit to judgments “arising out of” same-sex marriage. This Note argues that DOMA partially repeals the PKPA, such that states need not grant full faith and credit to divorce and child custody decrees in the context of same-sex marriage. Further, this Note argues that because same-sex divorce does not raise the same concerns as same-sex marriage, sister states should recognize same-sex divorce and custody orders as doing so is in the best interest of the child and supports interstate comity