Not exact matches
An
award of
joint custody in Maine will include provisions such
as:
In today's society, fathers can be
awarded primary
custody as well
as joint custody.
Under Alabama law, a court may consider an
award of
joint custody, whereby the parental rights of both parties remain intact, with one parent
as the primary custodian of the children and the other
as the secondary custodian.
California: There is no presumption in favor of
joint or sole
custody;
custody shall be
awarded to both parents jointly or to either parent
as is in the best interests of the child.
It is very common for a court to
award partial
custody to both parents, otherwise known
as joint custody.
Section 63-15-230 allows the court to
award either
joint or sole
custody as it sees fit but does not express a preference between either.
When it looks like
joint legal
custody would lead to a lot of conflict, however, the judge will
award one parent sole legal
custody, or sometimes will designate one parent
as having the «tie - breaker» vote if there's a disagreement.
Updated: A Michigan man and convicted sex offender who pleaded guilty to a lesser charge in an alleged rape of a 12 - year - old girl was
awarded joint legal
custody of the boy who was conceived
as a result of the crime, according to the victim's lawyer.
Citing Indiana Code Section 31 -17-2-15, it ruled that because the parents could communicate without being hostile, it would be in the best interests of the children to
award joint legal
custody,
as well
as overnight stays on Sundays, and additionally reduced his support payments from about $ 250 a week to $ 150 a week, based on the increased amount of time he was spending with the children and the fact that the mother's pay had increased and the cost of child care had gone down.
Courts can grant sole
custody,
joint custody or
award custody to third parties such
as grandparents.
In 2012 our legislature enacted S.C. Code § 63-15-230 (C), which reads, «If
custody is contested or if either parent seeks an
award of
joint custody, the court shall consider all
custody options, including, but not limited to,
joint custody, and, in its final order, the court shall state its determination
as to
custody and shall state its reasoning for that decision.»
In this case, in what was characterized
as a consent judgment, a trial judge removed a child from the
custody of the mother and
awarded joint custody to both parents.
Some of the recent decisions, both from trial and interim applications,
awarding equal time shared parenting and
joint custody where one parent typically sought to be the sole custodial parent with «access» to the other parent every other weekend are
as follows.
The court can
award sole or
joint legal
custody, which refers to a parent's right to make major decisions concerning the child — such
as medical and educational decisions.
Like other states, South Carolina recognizes both legal and physical
custody, and South Carolina courts can
award either type
as sole
custody or
joint custody.
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).
New York courts often
award legal
custody to both parents, known
as joint custody, and physical
custody to one parent with the other granted visitation rights.
As such, the Courts view parents equally and thus, outside of evidence to the contrary, Courts are inclined to
award joint legal
custody.
«
As Wallerstein points out, the courts have often believed that
awarding joint custody would force parents to put aside their anger and cooperate for the sake of the children.
Legal
custody refers to a parent's right to make important decisions for a child; courts commonly
award joint legal
custody, meaning the parents share the right to make important decisions, such
as what medical care the child receives.
Because 95 % of all
joint custody awards are for
joint legal
custody 6 the living arrangements are exactly the same
as under a sole -
custody / visitation order.
Child
custody had been traditionally
awarded to mothers from the onset of the 20th century, but
as the father's role in the family evolved, laws changed to allow fathers
custody, and eventually, the concept of
joint custody was created.
108, 113, 953 S.W. 2d 596, 598 (1997)... With the interest of Maegan
as our primary concern, we reverse the chancellor's order
awarding the parties
joint custody and remand the case to the chancellor to enter an
award granting primary
custody to appellant with liberal visitation rights to appellee.»
If a Connecticut family court does not order
joint custody, it may order alternative
custody arrangements, such
as awarding sole physical
custody to one parent with appropriate visitation for the child with the non-custodial parent.
They are happy to
award parents
joint legal and / or physical
custody as long
as there is evidence to support that this is in the child's best interests.
Legal
custody may also be
awarded as either sole
custody or
joint custody.
Also of note, a 2005 study by Margaret Brinig on the effects of presumptive
joint custody laws found
as follows:»... [S] eparation after the
custody statute took effect, holding other things constant, was statistically significantly related to a decrease in the absolute dollars of child support
awards, with a difference of about $ 80 a month.
[FN156] The case was tried prior to the Act's passage, but the Court of Appeals referred to the new law specifying its application to unmarried parents
as bolstering its conclusion that even prior to the passage of the Act,
joint custody could be
awarded to unmarried parents, «particularly in a case such
as this, where both parents -LSB--RSB- actively participated in the upbringing of the child.»
Schwartz proposes the appointment of a guardian ad litem
as a family mediator that can protect the interests of the children, promote the objectives of
joint custody, and provide the courts with a means of evaluating
joint custody awards.
Often when
joint custody is
awarded, both parents share physical
custody of the child; however, one parent will usually serve
as the child's primary residential parent.