CHILD CUSTODY. "Possession is 9/10ths of the law" is simply a legal maxim that recognizes that, as a practical procedural reality, the law implicitly favors the person who possesses any property. Legal custody refers to the decision-making done when raising. In Some Custody Cases, Possession Really is Nine-Tenths of the Law A custody battle involving three states began in December 2012, when Kansas City Chiefs linebacker Jovan Belcher shot and killed his girlfriend, Kasandra Perkins, who was the mother of his infant daughter. Please complete all required fields below. He then drove to the Chiefs' training facility and took his own life. . Civility and Courtesy in the Practice of Law. On appeal, the Commonwealth Court stated: “In determining what constitutes “ownership”, we first consider elements inherent in its definition. It is a very very weird case … Lawyer's Assistant: What steps have the parents taken so far? . The global pandemic caused by SARS-CoV-2 or Covid-19, known more commonly as the Coronavirus is affecting every aspect of everyday life for individuals all over the world. See Texas Family Code Section 153.252. Attorneys who work in the field of family law help divorcing parents come up with workable and agreeable visitation schedules, which are subject to court approval. She's arguing that the antique stopwatch rightfully belongs to her, but possession is nine-tenths of … possession is nine-tenths of the law. CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 years and (inter alia) is a real estate litigator and legal writer. Proud Member of the Rapid Response Team for: This individual had had a big fight with his sister and she had “disowned” him. .’ Black’s at 996.”. .’ Similarly, ‘owner’ is defined as ‘[h]e who has dominion of a thing . Founding Attorney Sophie took the baby to Texas for Kasandra's funeral, kept her in Texas for a time and filed a Texas petition for guardianship. Can we steal the child back? (The court also considered the number of times police had been called to Shepherd's home in the past.). My ex still has not removed his items from my home. The matter was considered by Jackson County, Kansas, since Kansas was the last state where custody of the child was addressed by a court. For many parents with custody orders, the holidays can be a significant conflict source. 2 The schedule contains exact dates and times that a child will stay with each parent. possession is nine-tenths of the law. Since there was no definition of owner in the statute, the court review several cases under a parallel federal statute which determined that the person who had the regular use of the vehicle, not the titled owner, was the owner for purposes of determining whether confiscation was appropriate. One of the most important aspects of a Texas divorce is determining whether one or both parents will be responsible for raising the children and when each parent will have custody of the children. . . In Texas, visitation is called possession of and access to a child. If FATHER works on Saturday of a first, third, or fifth weekend, he shall have possession of the child beginning at 9:00 a.m. on Sunday of said weekend and ending at the time school dismisses on the immediately following Monday. . We will get back to you shortly. I want to know what possession of 9/10 of the law means, how long you have something in your possession before it takes affect, and if it counts in a divorce case? Estate Planning: How to Protect Your Spouse and Your Kids, In Some Custody Cases, Possession Really is Nine-Tenths of the Law. Casa San Jose Rapid Response Team Helps to Enable those Arrested by ICE to Obtain Due Process. In Texas, Family Code Section 153.312 specifies what the Standard Possession Schedule is. 1979) defines ownership as a ‘[c]ollection of rights to use and enjoy property . J. CRIBBET, PRINCIPLES OF THE LAW OF PROPERTY 12-13 (1962); R. BOYER, SURVEY OF THE LAW OF PROPERTY 679-80 (1981). As nouns the difference between possession and custody is that possession is control or occupancy of something for which one does not necessarily have private property rights while custody is the legal right to take care of something or somebody, especially children. He wanted to know if he could keep the property she had stored in his attic. My divorce was finalized one year ago. Your Message*. This is true even if you have full custody of your child . A custody battle involving three states began in December 2012, when Kansas City Chiefs linebacker Jovan Belcher shot and killed his girlfriend, Kasandra Perkins, who was the mother of his infant daughter. Upon request by one of the parties in a custody suit, Texas law requires the court to interview a child who is at least twelve years old about their wishes about custody. By giving her temporary guardianship and allowing Perkins to keep the child for some time after the funeral, Shepherd lost the ability to argue that Perkins was not an appropriate person to have guardianship of the child. The fact that the cash was contained in a garment bag which the Commonwealth returned to appellant’s possession, without dispute, raises, at the least, a strong inference that the cash was as much his property as were the other contents of the garment bag.”. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. The police had seized $22,080.00 when Ossie Harrington Younge was stopped for speeding. More specifically, if you possess certain property and someone else wants that property, as a general proposition, you need not take any legal action to *keep* that property; you just keep it. There are no comments for this post. Thank you for contacting us. There is no legal possession is 9/10 of the law. Cmwlth., 1991), a motor vehicle was confiscated by the Commonwealth as having been used in a drug transaction. However, the definition of possession changes with the context. Shepherd then filed a similar petition for guardianship in her home state of New York. Belcher's mother, Cheryl Shepherd, was present when Belcher shot his girlfriend. In Commonwealth v. One 1988 Suzuki Samari, 589 A.2d 770 (Pa. An established visitation schedule is a part of child custody orders that divorcing parents must comply with. As if child custody exchanges were not an issue during normal times already, the Coronavirus, is here to add to our child custody exchanges. 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