In this way, the court can
consider joint parenting after reviewing the parents resolution.
However, courts consider that when a former spouse helped raise the children, custody or visitation award must
consider joint parenting, and thus assure that children have frequent and continuing contact with both parents.
Not exact matches
Parents interested in a
joint legal custody arrangement should first
consider the level of communication between themselves and the child's other
parent.
In North Carolina,
joint custody will be
considered if one or both
parents request it.
A court in Utah will always
consider joint physical or legal custody if both parties have completed a
parenting plan and if
joint custody serves the best interests of the child.
This is still
considered joint physical custody because the
parent who has the children on the weekend is spending pretty much equal time with them as the
parent who has them from after school on Monday until beginning of school on Friday since the weekend
parent is with them all day Saturday and Sunday, as well as rest of the day Friday.
California family courts
consider a number of factors before granting a
parent either sole custody or
joint custody, but
parents who wish to file for child custody in California should first become familiar with the laws in the state.
Under Alabama law, a court may
consider an award of
joint custody, whereby the parental rights of both parties remain intact, with one
parent as the primary custodian of the children and the other as the secondary custodian.
If both
parents have
joint legal custody, then intentionally excluding the other
parent in the decision - making process may be
considered contempt of court.
In deciding whether to grant
joint custody, the court shall
consider all of the above factors plus whether the
parents will be able to cooperate; whether the
parents have agreed to
joint custody.
Prior to making a decision about
joint custody, the court will
consider whether both
parents agree to a
joint physical custody arrangement.
Considering the amount to be ~ 50 Lakh from brother and close to about ~ 30 Crores from
parents (
joint account).
Can this carryforward be used on her 2013
joint return with Angie,
considering that the adoption is now a second -
parent adoption?
Judges are required to
consider possible
joint custody in every case, but there's no presumption in favor of this unless both
parents agree.
Often, a
parent who has spends less than half time with a child still
considers it very important that the legal designation is for
joint custody.
When both
parents want to be actively involved in the child's life, shared custody and
joint custody will be
considered.
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.
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.»
After
considering the jurisprudence with respect to the double - bind question, the Court found that the risk of it resulting in a presumptive disposition may be greater where a
joint custody or shared residency arrangement requiring both
parents to reside in the same locale is in the best interests of the child.
The court is guided by the best interests of the child, and
considers: the relationship of the child with each
parent and the ability and disposition of each
parent to provide the child with love, affection and guidance, the ability and disposition of each
parent to assure that the child receives adequate food, clothing, medical care, other material needs and a safe environment, the ability and disposition of each
parent to meet the child's present and future developmental needs, the quality of the child's adjustment to the child's present housing, school and community and the potential effect of any change, the ability and disposition of each
parent to foster a positive relationship and frequent and continuing contact with the other
parent, including physical contact, except where contact will result in harm to the child or to a
parent, the quality of the child's relationship with the primary care provider, if appropriate given the child's age and development, the relationship of the child with any other person who may significantly affect the child, the ability and disposition of the
parents to communicate, cooperate with each other and make
joint decisions concerning the children where parental rights and responsibilities are to be shared or divided, and any evidence of abuse.
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.
The court may also
consider additional factors found in Section 3109.04 (F)(2) if the
parents are seeking
joint custody.
While the law favored
joint custody, unless the
parents agreed on a different arrangement, judges could
consider a number of factors that might make a
joint custody arrangement unfeasible.
Joint physical and joint legal custody demands that that both parents are considered
Joint physical and
joint legal custody demands that that both parents are considered
joint legal custody demands that that both
parents are
considered fit.
New Mexico law expresses a preference for
parents to share as equally as practically possible in the custody of a child in a divorce case, so
joint custody is
considered beneficial for the child.
Other factors are also listed in
considering joint custody between
parents.
[FN29] In type 2 cases (female - initiated violence), fathers should be encouraged to pursue primary custody of their children; [FN30] in type 3 cases (male - controlled interactive violence), both
parents are poor role models, but «the
parent who can better provide a violence - free environment should be
considered as the potential primary caretaker for the child,» [FN31] while in type 4 cases (separation and postdivorce violence), «a range of custody plans, including
joint physical custody, are appropriate.»
In Massachusetts,
joint legal custody tends to be the most common arrangement, but some judges
consider sole legal custody if the
parents seem incapable of communicating effectively.
Courts
consider joint custody favorably because it promotes the continuing relationship between the
parents and the child, and both
parents have
joint rights and responsibilities in childrearing.
The Arizona Child Support Guidelines now take
parenting time into
considering because in recent years more divorced
parents practice
joint parenting.
In determining
joint custody, courts
consider any parental agreement (or lack of agreement) about custody decisions, any unreasonable disagreement made by a
parent, the ability of the
parents to cooperate, and the logical possibility of
joint custody.
In cases where both
parents have been actively involved with the child, many states require judges to
consider joint custody.
The court
considers joint custody upon the request of either
parent.
The court
considers the distance between each
parent's residence and if it's in close proximity to share
joint custody of their child.
The potential for bartering away the child's financial resources because of a bad faith request for custody is reinforced by («friendly
parent») provisions that give a preference to the
parent requesting
joint custody when the alternative of sole custody is
considered by the court.
Although California courts typically
consider joint legal custody and
joint physical custody to be in a child's best interest, one or both
parents can lose the right to share legal and physical custody.
Prior to making a decision about
joint custody, the court will
consider whether both
parents agree to a
joint physical custody arrangement.
When children divide time between the residences of both
parents, either equally or substantially equally, the arrangement is
considered to be
joint residential or
joint physical custody.
In North Carolina,
joint custody will be
considered if one or both
parents request it.
Some states
consider an unmarried mother to have full, sole custody of a child, while other states
consider two unmarried
parents to have
joint custody of a child.
60/40 schedules are
considered joint or shared custody schedules because both
parents have significant and frequent contact with the children.
Prior to awarding custody, the court shall first
consider awarding
joint physical and legal custody to both
parents.
A child specialist assisted with helping them see that a
joint parenting plan was not only possible but also good for their son, and Ben is
considering going forward with the second
parent adoption.
Parents who had high scores on warmth, number of
joint parent - child activities, supervision and rule - setting, but low scores on conflict and «home chaos», were
considered to be highly skilled on this
parenting index.
Parents who had high scores on warmth, number of
joint activities, supervision and rule - setting, but low scores on conflict and «home chaos», were
considered to have the highest skill in this
parenting index.
Before involving a court of law in decisions involving
joint legal custody,
parents should first
consider the best interest of the child.
Parents considering their custody options should
consider the following «pros» of
joint legal custody:
Any
parent who is seeking
joint legal custody should
consider specifying the areas which require mutual agreement including the following:
The «persuasive» impact of
joint custody statutes is compounded by friendly
parent statutes which provide that in
considering an award of sole custody, the court may
consider which
parent is most apt to allow the other to maintain frequent association and relationship with the child.
In Michigan, with or without the request of either
parent, the court may
consider ordering
joint custody.