Sentences with phrase «against awarding joint custody»

If the court finds a history of domestic abuse exists, a rebuttable presumption against awarding joint custody exists.

Not exact matches

Alaska law also creates a «rebuttable presumption» (a legal assumption that has to be overcome with credible evidence to the contrary) that if an abusive parent has a history of committing domestic violence against the other parent, a child, or even a domestic living partner, the abusive parent must not be awarded sole legal custody, sole physical custody, joint legal custody, or joint physical custody.

While Husband had explanations for this behavior, the Court of Appeals found this behavior mandated against an award of joint custody:

Custody may be awarded to either parent through fair proceedings and without presumption either in favor of or against physical or joint cCustody may be awarded to either parent through fair proceedings and without presumption either in favor of or against physical or joint custodycustody.

Regardless of each state's position for or against a presumption or preference in favor of joint custody and whether or not it has been specifically authorized, overall there appears to be a growing trend in favor of joint custody and more and more bills are being introduced to adopt a presumption that joint custody is in the best interest of the child unless certain circumstances apply (such as convincing evidence that a parent is unfit or that it would not be in the best interest of the child to award joint custody).

In some states, the presumption is against the award of sole or joint custody to perpetrators of domestic violence.

Shared parenting assumes that both parents will be awarded joint custody, unless other factors (proven abuse or domestic violence) weigh against it.