In cases where there is little to no conflict between co-parents, it is often seen as being in the best interest of the child to
award shared child custody.
Not exact matches
Primarily, Alabama prefers to
award custody to both parents, encouraging them to
share the responsibilities and rights associated with raising a
child.
In the U.S,
child custody can be «joint» (
shared) or «sole,» (
awarded to just one parent).
Keep in mind; most states prefer
awarding joint or
shared custody based on the best interests of the
child.
Judges in Kansas generally prefer to
award joint
custody, which allows both parents to
share the rights and responsibilities of raising a
child.
The court may
award joint
custody, where the parents
share decision - making for the
children, or sole
custody, one parent having control over and parental responsibility for the care, upbringing and education of the
child.
Through my divorce and
custody practice, deserving Father / Clients have been
awarded primary
custody of their
children, and in cases where is it appropriate, I fight for
shared parenting orders so that my Dad clients enjoy the same rights, responsibilities and parenting time as the Moms do.
For example, even if your
child is adamant that she prefers to live entirely with you, a judge might
award shared custody or sole
custody to his other parent if he finds there's a problem with your ability to care for the
child.
Based on Wyoming Statutes Annotated, Title 20, Chapter 20-2-201,
custody may be
awarded to either parent and may include any combination of joint,
shared, or sole
custody to promote the best interests of the
children.
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 sole legal or physical
custody, meaning only one parent has the right to that
custody, but courts can also
award shared legal or physical
custody, meaning the parents split decision - making or time with their
child, or both.
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.
In particular, the court must consider incidents of domestic violence or
child abuse; in these situations, the court may be less likely to
award shared custody between the parents and may impose requirements to protect a
child during visits with the volatile spouse.
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.
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.
If you and your ex-husband
share custody, the amount of time that each of you spend with the
children, plus what you spend on the
children's behalf while they live with you, may influence a
child support
award.
Whereas before, the mother was often stereotypically
awarded primary
custody in
child proceedings, the new rules consider a variety of important factors when determining time
sharing rights.
According to Tennessee Code - Title 36, Sections 36-6-106, based on the best interest of the
child, the court may
award custody to either parent or to both parents for joint
custody or
shared parenting.
However, if joint
custody is
awarded, you must
share this responsibility with your
child's other parent.
With time
sharing, one parent is typically
awarded physical
custody of a
child, while the other is given substantial visitation rights.
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.
It's difficult to ensure that physical
custody is
shared 50 - 50 between both parents; in California, the parent who does not have the
child 50 percent of the time is
awarded visitation, with the other parent receiving primary physical
custody.
1998)(cases in which parties
share physical
custody are indistinguishable from initial
custody awards; thus, best interests of
child would control any request for relocation by parent).
For other cases holding that proposed relocation requests which would result in the effective termination of a
shared physical custodial arrangement should be treated as a modification of
custody, see, e.g., Lewellyn v. Lewellyn, 351 Ark. 346, 93 S.W. 3d 681 (2002)(both mother and father petitioned for sole
custody of
children after mother's proposed relocation would make parties»
shared physical custodial arrangement unworkable; court found that mother's relocation constituted material change of circumstances warranting
award of sole
custody to father, even though such a relocation would not be considered a material change in circumstances in a case that did not involve
shared physical
custody), and In re Marriage of Garst, 955 P. 2d 1056 (Colo..
Whereas previously the courts tended to
award one parent sole
custody and assigned the other parent visitation status, now litigating parents could each hope for a large
share of time with the
children.
Through my divorce and
custody practice, deserving Father / Clients have been
awarded primary
custody of their
children, and in cases where is it appropriate, I fight for
shared parenting orders so that my Dad clients enjoy the same rights, responsibilities and parenting time as the Moms do.
In the U.S,
child custody can be «joint» (
shared) or «sole,» (
awarded to just one parent).
Keep in mind; most states prefer
awarding joint or
shared custody based on the best interests of the
child.
Much more common than true joint
custody arrangements (where both physical and legal
custody are
shared) is «joint legal
custody,» in which both parents
share the right to make long - term decisions about the raising of a
child and key aspects of the
child's welfare, with physical
custody awarded to one parent.
In many cases where joint
custody is
awarded, both co-parents will
share physical
custody of the
child but only one co-parent will be
awarded sole legal
custody of the
child.
In order for
shared child custody to be
awarded both co-parents must be determined by the judge to be fit for parenting the
child together.
THE
SHARED PARENTING PROPONENTS SAY: Gunnoe, M.L., and S.L. Braver, «The Effects of Joint Legal
Custody on Family Functioning, Controlling for Factors that Predispose a joint
award,»
Child Development.
In cases of
shared custody, the addictive behavior of one parent, including alcoholism, could be deemed detrimental enough to the
child to
award sole
custody to the other parent.
The court may also
award joint or
shared custody, where the
child lives and spends time with both parents and the parents are responsible for agreeing on major decisions for the
child.
1996)(granting the parents temporary
shared legal
custody of any minor
child of their marriage upon the filing of a
custody action, but permitting the court to
award temporary sole legal
custody if it determines that
shared custody is not in the best interests of the
child and stating that there is no presumption for temporary
shared physical
custody); Mont..
However, when a court
awards «
shared» parental rights and responsibilities, which is the most common form of
custody in Maine, both parents are responsible for making decisions concerning the
child's welfare with both parents having an equal say.
In a protective order, a judge can order the abuser to: stop the abuse, stay away from and cease contact with the victim, leave a
shared home, grant temporary
custody of
children shared with the abuser, and
award temporary possession of the victim's pets.
States do not automatically
award custody to the mother or the father, and sometimes parents
share custody of their
children.
If the parents demonstrate a complete inability to cooperate in raising the
child, or one parent is unable to properly care for the
child — whether because of a demanding career, drug or alcohol abuse or any history of domestic violence or
child abuse — the court will
award «majority time -
sharing» or sole
custody to one parent.
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.