Sentences with phrase «award joint custody if»

The court can award joint custody if there are special facts in cases where there is a history of domestic abuse.

When both unmarried parents participate in the child's care, Massachusetts family courts award joint custody if both parents have been successful in maintaining joint responsibility and if the parents are able to effectively communicate with each other and make plans that are in the child's best interests.

The court may also award joint custody if one party requests joint custody and the court finds it to be in the best interests of the child.

Not exact matches

If parents in Illinois are awarded joint custody, the parents must sign a Joint Parenting Agreement, which explains each parent's rights and responsibilities for the care of the cjoint custody, the parents must sign a Joint Parenting Agreement, which explains each parent's rights and responsibilities for the care of the cJoint Parenting Agreement, which explains each parent's rights and responsibilities for the care of the child.

Mississippi may modify a joint custody award, if a party presents evidence of a material change of circumstances.

The court may award either «sole legal custody» or «joint physical custody» if it is in the best interest of the child.

Remember, too, that the court can award joint custody even if that's not what you're asking for at this time.

If the court awards joint custody, both parents must jointly make decisions concerning the child's health, education and medical needs.

For example, if either parent has been convicted of domestic violence, the court will usually presume that he or she should not be awarded joint custody.

Indiana: Joint custody may be awarded if it is in the child's best interests.

Georgia: The court may award joint custody and may consider agreements of the parties, if they are in the best interests of the child.

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

If there is no agreement or if the agreement is not in the best interests of the child, the court shall award joint custody, unless custody by one parent is shown by clear and convincing evidence to serve the child's best interestIf there is no agreement or if the agreement is not in the best interests of the child, the court shall award joint custody, unless custody by one parent is shown by clear and convincing evidence to serve the child's best interestif the agreement is not in the best interests of the child, the court shall award joint custody, unless custody by one parent is shown by clear and convincing evidence to serve the child's best interests.

Joint custody may be awarded if both parents request joint custody, and if they so request joint custody, there is a presumption that joint custody is in the best interests of the cJoint custody may be awarded if both parents request joint custody, and if they so request joint custody, there is a presumption that joint custody is in the best interests of the cjoint custody, and if they so request joint custody, there is a presumption that joint custody is in the best interests of the cjoint custody, there is a presumption that joint custody is in the best interests of the cjoint custody is in the best interests of the child.

If the court awards joint custody to both parents, the court may award joint physical care upon the request of either parent.

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.

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.

If the distance between the parents impedes their ability to communicate or prevents one of the parents from being involved in the child's life, then a joint custody award will be unlikely.

If a parent awarded joint legal custody and physical care or sole legal custody is relocating the residence of the minor child to a location which is one hundred fifty miles or more from the residence of the minor child at the time that custody was awarded, the court may consider the relocation a substantial change in circumstances.

It is unlikely that a court would award joint custody to a parent (usually the father, when the mother is the primary caregiver), if there is any history of abuse in the relationship.

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.&raquIf 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.&raquif 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.»

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.

The court can award sole legal custody to one parent if the judge finds that joint custody would be harmful for the child.

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.

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 court can award sole or joint custody, and if the child is 12 years old or older, the court considers the wishes of the child.

For example, if the court awards joint legal custody, both parents have the right to make important decisions for the child.

Even if joint custody awards are curtailed, the sole custodian must be chosen.

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.

Joint custody is deemed favorable, however, this may not always be awarded if parents can not get along and the child is at risk with one of them.

However, if joint custody is awarded, you must share this responsibility with your child's other parent.

The court awards joint custody to parents if it finds that it works in the best interests of the child.

If the judge declines to award joint custody, he must give a reason.

Many courts are reluctant to award joint physical custody if the parents are unable to cooperate with one another.

However, joint legal custody will only be awarded if the parents can demonstrate that they are able to agree and work together on issues affecting the child.

The court will issue an award of joint custody in Arizona if both parents agree and submit a written parenting plan, and the court believes the order is in the best interests of the child.

In these states, sole legal custody is awarded only if a parent shows that joint legal custody is harmful to the child.

If the court decides to award joint custody, a parenting plan will be established and implemented.

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.

If the court awards joint custody, both parents must jointly make decisions concerning the child's health, education and medical needs.

For example, if either parent has been convicted of domestic violence, the court will usually presume that he or she should not be awarded joint custody.

In addition, each state has its own procedure for determining when to award joint versus sole custody, and the degree to which a presiding judge has discretion, if any, over these matters.

Either instance can lead to joint physical or legal custody, but if one parent is awarded sole custody, the other parent may request parenting time.

Ohio, for example, provides by statute that the court awarding joint custody may decide the child's primary residence if necessary to qualify for AFDC purposes.

Courts sometimes award joint custody on a weekly basis, rather than have children move every few days, especially if both parents live in the same school district.

If both parents provide equal care, the judge may award some variety of joint custody.

«If we are serious about the best interest of the child being the principle that comes first, if that's the primary consideration in awarding custody, then we ought not to have a rebuttable presumption in favor of joint custodIf we are serious about the best interest of the child being the principle that comes first, if that's the primary consideration in awarding custody, then we ought not to have a rebuttable presumption in favor of joint custodif that's the primary consideration in awarding custody, then we ought not to have a rebuttable presumption in favor of joint custody.

If the marriage ends in divorce, the legal father — not the biological father — could be granted physical or legal custody of the child, awarded joint custody, or ordered to pay child support, to name a few potential outcomes.