Effect Of Adoption on Non-Parent Visitation

When a child is adopted, he or she becomes a part of the new adoptive family. As a result, the child's ties to his or her old, natural or biological family are ended. If visitation rights had been granted to a nonparent, usually a grandparent, before the adoption, most courts would not permit continuation of the visitation. However, if the child is adopted by a stepparent, some courts would continue the visitation by the nonparent, if it is in the child's best interests.

Medical, Psychological and Social Evaluations for Child Custody Awards

Prior to making a determination of custody of a child, the court may order a medical, psychological, or social evaluation of the child or the parents, or all of them. As part of the evaluation, the court may request that the doctor, psychologist, or other professional expert give a report and make a recommendation as to custody and visitation.

Child Support in Split Custody Cases

The standard computation of child support under the child support guidelines presupposes that all of the children of the parties will live with the same parent. When the children are divided between the parents, the child support must be adjusted.

Best Interest of Child Test in Custody Determinations

In deciding custody of a child, a judge or master, must determine what would be in the child's best interests. This standard is used whether the child is being placed temporarily until a full custody hearing can be held, or in awarding joint or sole custody to a parent, pursuant to a divorce, or whether to place the child with a third party as a result of a custody dispute.

Tender Years Presumption in Custody Awards

The tender years doctrine is a presumption by a court that a very young child should remain in the care of the child's mother and that a father needs to overcome that presumption by showing he would be the better parent. Many courts no longer use this presumption in making custody determinations.