More than 30 states now have statutes specifically authorizing joint custody awards, and most states now hold that the courts authority to
award joint custody does not depend upon whether the parties request it.
More than 30 states now have statutes specifically authorizing joint custody awards, and most states now hold that a court's authority to
award joint custody does not depend upon the parties that request it.
Not exact matches
While the courts in Iowa
do lean toward
joint custody or an arrangement that allows generous visitation, there are situations where the court will
award sole
custody to one parent.
I have been told that since Courts can
award joint custody of children, they can
do the same for pets.
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.
Thus the family court
did not err when
awarding sole
custody of the children to the mother and specifically declining to
award joint custody.
How
do courts decide whether to
award joint or sole
custody?
If the other parent doesn't agree, consider this; Courts generally don't like to
award sole
custody to one parent without substantial evidence that
joint custody is not in the child's best interest.
If the court order
does not outline any type of shared physical or
joint legal
custody, the court may not intend to
award any form of
custody to the other parent.
A California court
does not start with the presumption that it must
award joint custody to both parents.
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.
In cases where the court
does not
award joint custody, sole
custody with generous visitation is an alternative that allows both parents to be involved.
North Carolina statutes
do not define
joint custody and rarely
award joint custody to both parents of minor children.
Code 3083, 3084, 3085 (West 1994)(stating that a grant of
joint legal
custody does not necessitate an
award of
joint physical
custody); Colo..
[FN67] While such eventualities would not necessarily preclude a
joint custody award, they
do underscore the difficulty of imposing interaction implicit in the marital relationship upon parties who are not in that relationship.