Many courts are reluctant to
award joint physical custody if the parents are unable to cooperate with one another.
While some fathers may take little interest in their children, the main causes include failure of the courts to
award joint physical custody, failure to award significant parenting time («visitation»), failure to enforce the parenting time that has been ordered, readiness to curtail contact between fathers and children when estranged wives make any allegation, child support orders that require fathers to work two or three jobs, thus leaving no time for parenting, moveaways, and other factors.
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.
Physical custody refers to which parent your child will live with most of the time, and courts are slower to
award joint physical custody.
The court may also
award joint physical custody, meaning that the child lives with both parents, or joint legal custody, requiring the parents to agree on decisions for the child.
Courts can
award joint physical custody — meaning that the toddler lives with both parents in equal time shares — or, the court can award sole physical custody — also called primary physical custody, meaning the toddler lives with one parent more than the other.
Even when it is determined that the child needs to spend time with both parents in order to thrive, courts are increasingly reluctant to
award joint physical custody because of the disruptions it causes children.
An Idaho court might
award joint physical custody, joint legal custody or both based on what the court believes is in the best interests of the child.
Washington state custody laws also allow the courts to consider
awarding joint physical custody.
Not exact matches
Family courts in Illinois prefer to
award parents
joint legal
custody, noting that
joint physical custody should be determined by the parents» agreement or the court's order.
The court may
award either «sole legal
custody» or «
joint physical custody» if it is in the best interest of the child.
When possible, the court will
award joint legal
custody and / or
joint physical custody.
In some states, an
award of
joint physical custody is possible when a child will be staying with both the mother and the father for significant periods of time.
In most situations,
joint physical custody will only be
awarded when the parents of the child plan on living relatively close to each other.
If the court
awards joint custody to both parents, the court may
award joint physical care upon the request of either parent.
The court may
award joint legal
custody with primary
physical custody to one parent.
The judge
awarded them
joint legal and
physical custody of their child.
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.
In 1993, Father filed for a modification of that decision and was
awarded joint legal
custody and parenting time with Mother retaining primary
physical custody.
Heltzel v. Heltzel, No. 97 -000316-DM (Michigan Court of Appeals, October 23, 2001): Mother appealed the
award of
physical and
joint legal
custody of her child to her parents, the child's maternal grandparents.
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.
This is simply due to the fact that the vast majority of divorce cases result in the former occupants of the the marital domicile physically separating, a condition that would preclude the
awarding of
joint physical custody.
The court decides whether to
award joint legal
custody,
joint physical custody, sole legal
custody or sole
physical custody over the child.
Therefore, a parent may be
awarded joint or sole
physical custody based on this standard.
The court may
award several types of
custody, including
physical custody, legal
custody and
joint or shared
custody.
Courts may
award sole or
joint legal and
physical custody, or a combination of each.
In Idaho, «the court may
award either
joint physical custody or
joint legal
custody or shared
custody based on the court's determination of the best interests of the child or children.»
Courts can
award joint physical or legal
custody in a 50 - 50 split, but courts may avoid this type of arrangement since it can be difficult for parents to get along enough to split a child's decisions or time equally.
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.
The court may also
award joint legal and
physical conservatorship, which permits each parent to share
physical custody of the child and have equal say in the child's upbringing.
Custody may be awarded to either parent through fair proceedings and without presumption either in favor of or against physical or joint c
Custody may be
awarded to either parent through fair proceedings and without presumption either in favor of or against
physical or
joint custodycustody.
It is unusual for a North Carolina court to
award joint physical or legal
custody in certain circumstances.
California courts can
award a combination of
joint and sole legal and
physical custody.
Parents can be
awarded joint conservatorship, which means one parent holds legal
custody of the child and both hold shared
physical possession of the child.
Idaho courts may
award either
joint physical custody,
joint legal
custody or both.
The court may
award joint physical or legal
custody, allowing the parents to share the responsibilities for taking care of or making decisions for the child.
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.
In Idaho, courts can
award joint physical and / or
joint legal
custody.
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.
The court may
award one of three types of
custody arrangements:
joint legal
custody to both parents, where one parent is responsible for residential
custody;
joint physical custody, where both parents provide homes for the child; or sole
custody to one parent with visitation, also called «parenting time,» allowed to the non-custodial parent.
The court can
award custody between parents in a variety of ways, including
joint legal
custody with sole
physical custody in one parent,
joint legal and
physical custody or sole
physical custody in one parent with sole legal
custody in the other.
Joint physical custody awards both parents a substantial amount of time in which the child resides with them, under their supervision; however, this time will not necessarily be exactly equal.
A court in Washington normally
awards both parents
joint physical custody when the parents can work together.
After a contentious
custody battle, the parties were
awarded joint legal
custody of their two children, with the mother being
awarded primary
physical custody.
However, Kentucky courts will sometimes
award both
joint legal
custody and
joint physical custody.
Depending on the laws of the state, the court may
award sole
custody,
joint custody, or primary
physical custody.
Fact: Fewer child support
awards are ordered in
joint physical custody cases; there is a greater income differential between fathers» households and mothers» households post-divorce in
joint custody situations than in sole
custody situations; and fathers with
joint custody are more likely to have higher incomes relative to their ex-wives than fathers in situations of maternal
custody.
Generally, when one parent is
awarded sole or primary
physical custody, it is not uncommon for the court to order
joint legal
custody to both parents.
6 7 SECTION 2: In any domestic relations proceeding, the states shall
award joint physical 8 care to both
joint custodial parents upon the request of either parent during the proceedings 9 on the initial dissolution petition or during the proceedings on a modification of the original 10
custody order.
Prior to
awarding custody, the court shall first consider
awarding joint physical and legal
custody to both parents.