A third variety authorizes
joint custody only when both parents are in agreement but makes the willingness of one parent to accept joint custody a factor in determining which parent should receive sole custody.
Some states are amending laws to adopt a preference and presumption for joint custody, while others are amending laws to allow
joint custody only when the parents agree to it.
In 1979, California adopted a presumption for joint custody, but later amended the law in 1994 to allow
joint custody only when the parents agreed to it.
Not exact matches
I can
only conclude that
joint custody, as a legal presumption for all children is a misguided policy.
However,
joint custody will
only be ordered if it's in the child best interests.
In other words, parents who share
joint custody may
only share
joint legal
custody, meaning that they equally share the responsibility for making major legal decisions on behalf of the child.
In her extensive research, Dr. Nielsen found that
only 10 to 15 % of fathers get to enjoy the benefits of
joint custody post-divorce.
Joint custody, he asserts, involves each parent's having joint control over the care, upbringing and education of the children, even though the children reside most of the year with one parent, while divided custody involves each * 272 parent's having the children for a part of the year with control over the children only when in his or her cus
Joint custody, he asserts, involves each parent's having
joint control over the care, upbringing and education of the children, even though the children reside most of the year with one parent, while divided custody involves each * 272 parent's having the children for a part of the year with control over the children only when in his or her cus
joint control over the care, upbringing and education of the children, even though the children reside most of the year with one parent, while divided
custody involves each * 272 parent's having the children for a part of the year with control over the children
only when in his or her
custody.
The simple statistic that
only 15 % of fathers have shared or
joint custody after separation is sad in every way you look at it.
Most
custody arrangements are «
joint custody,» which generally refers to a shared legal
custody even if
only one parent has physical
custody.
In most situations,
joint physical
custody will
only be awarded when the parents of the child plan on living relatively close to each other.
However, again, Kansas courts tend to lean toward both parents being involved, either through
joint custody or generous visitation, so you should be careful to
only request a modification when you can prove that there's a serious risk.
Joint custody is
only appropriate if parents can interact safely, isolate their own personal conflicts, and cooperate in their child's best interests.
There are two types of legal
custody: (i) «sole legal
custody» refers to when
only one of the parents has these rights; and (ii) «
joint legal
custody» is where both parents have the same rights and responsibilities for the major decisions for the child.
Parents may wish to avoid support payments by obtaining
joint custody, but
only if they have established a stable home environment, where the children can be safe and well supervised.
New Mexico and New Hampshire are the
only two states in the country that start out all divorce cases with the assumption that
joint legal
custody is in the best interest of every child.
However, this standard
only applies if
joint physical
custody is actually exercised by the parents.
Joint and sole
custody can be applied in both situations, meaning that these responsibilities can either be split between co-parents or given to
only one co-parent.
Likewise, sole physical
custody means that the child is
only permitted to live with the custodial parent, while
joint physical
custody means that the child will alternate between both parents» homes.
An order for
joint custody would probably be given
only where the parents and grandparent all agree.
While New Jersey courts commonly order
joint legal
custody, they generally order
joint physical
custody only when the parents are both committed to the idea of shared parenting.
Sole legal
custody means that
only one parent has the authority to make important decisions for the child, while
joint legal
custody means that both parents have to make all or most decisions about the child together.
However, if there is a domestic violence issue, then you can usually show this paperwork to the agency as proof that you don't want to pursue
joint custody and
only want to file for sole
custody of the children.
In a
joint custody arrangement, both parents have the authority and must agree on major decisions relating to their child whereas in a sole
custody situation,
only one parent has such decision making authority.
There are two types of legal
custody orders:
joint legal
custody and sole (one parent
only) legal
custody.
North Dakota's for Shared Parenting also tried to pass a similar measure which failed 57 - 43 percent because it included not
only joint custody but also would have limited child support.
Joint and sole
custody can be applied in both situations, meaning that these responsibilities can either be split between co-parents or given to
only one co-parent.
A court will award parents
joint custody — meaning that parents will share the decision - making authority and must make all decisions together —
only if they can demonstrate an ability to communicate and cooperate.
In such a scenario,
joint custody pertains
only to a sharing of the decision - making responsibilities whereas physical care is determinative of the living arrangements.
A Wisconsin court can
only award
joint legal
custody if it is in the child's best interest and both parents agree, or when one parent requests it and the court determines that it is appropriate.
The term «
joint custody» pertains
only to legal
custody.
Sole
custody means
only one parent has rights to make decisions or physically care for the child, whereas
joint custody gives those rights to both parents.
In the plan, you describe whether you and your spouse will exercise
joint legal
custody, making important decisions regarding your child together, such as education, religion and health care, or if
only one parent will have this responsibility through sole
custody.
Joint legal custody does not mean that the parents have joint physical custody; it only means that both parents share the right to make decisions affecting the child's education, health, and wel
Joint legal
custody does not mean that the parents have
joint physical custody; it only means that both parents share the right to make decisions affecting the child's education, health, and wel
joint physical
custody; it
only means that both parents share the right to make decisions affecting the child's education, health, and welfare.
According to the American Bar Association website, other states such as Connecticut, Maine, Michigan, Mississippi, Nevada, Vermont, and Washington also adopted laws in favor of
joint custody, but
only when the parents agreed to it.
Both types of
custody can be shared between the parties (
joint custody) or awarded to one parent
only (sole
custody).
Comparing a statistic that represents
only primary
custody awards to a statistic representing both «
joint and sole»
custody is once again comparing apples to oranges.
It is ironic that the fathers» rightsters who complain about not wanting to be a «visitor» in their child's life, and therefore demand 50 - 50
joint custody, do not seem to recognize that their solution not
only renders their child a continuous visitor shifting between two households, but also that the child then does not even have a home to which to return.
Wallerstein: I can
only conclude that
joint custody as a legal presumption for all children is a misguided policy... children, especially girls, do very poorly in court ordered
joint custody situations.
In others, the presumption is
only against grants of
joint custody to perpetrators of domestic violence.
People are born with different neurological hardwiring which stays with us throughout our lives... I can
only conclude that
joint custody as a legal presumption for all children is a misguided policy.
Teachers and other third parties report that children in
joint custody arrangements are better adjusted than children who
only have visitation with their non-custodial parent.
Joint custody is definitely not for everyone and can
only come about as a result of a rational decision - making process focused on the future expectations of the parents.
Joint physical
custody is similar in that both parents share equal rights; however, physical
custody governs
only where the children will stay.
In some states, such as New York, the phrase, «
joint custody» refers
only to legal
custody.
Even if you have
joint legal
custody, you might still have your child
only on weekends, so she spends more time in your ex's home than in yours.
Although the term «
joint custody» refers
only to legal decision - making, the child must still live somewhere.
Children in a
joint physical
custody arrangement suffered from fewer psychosomatic problems than those living mostly or
only with one parent but reported more symptoms than those in non-broken families.
In New York, when the term «
joint custody» is used, it refers
only to
joint legal
custody.
Joint custody is definitely not for everyone and can
only come about as a result of rational decision - making by both former spouses.