Sentences with phrase «award joint custody unless»

Not exact matches

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 interests.

A court will be hesitant to award joint custody, unless it looks like you and your former spouse are able to communicate about your child and make decisions together with the child's best interests in mind.

Kentucky courts lean toward awarding joint legal custody unless one parent is declared unfit, for example, due to alcohol or drug abuse or domestic violence.

According to the Iowa Code Section 598.41, Iowa awards joint legal custody in most cases, «unless there is evidence of domestic abuse.

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).

Unless a parent can prove it is not in the best interest of the child, the court usually will award joint physical custody to the parents.

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