South Carolina
courts award custody based on the family's circumstances at the time of the divorce, but those circumstances may change as the divorced spouses establish their separate lives.
Courts award custody and visitation schedules that are in the best interests of the children involved, so courts are free to design alternative schedules to fit each child's best interests.
Sometimes,
courts award custody without a standard visitation schedule when the circumstances require another solution.
Courts award custody based on the «best interests of the child.»
The court awards custody in the following order of preference unless in a particular case the best interest of the child requires otherwise: to both parents jointly or to either parent; to a person or persons in whose home the child has been living and where the child has had a wholesome and stable environment; to any person related within the third degree of consanguinity; to any other person or persons whom the court finds suitable and able to provide proper care.
The court awarded me the custody Monday through Friday, so my alimony / child support went from $ 4k to $ 2.6 k a month.
Before
a court awards custody, both parents have legal custody.
Custody is typically given to a single parent or both parents, but when neither of them is capable of serving the best interests of the child,
the court awards custody to a qualified third - party custodian.
The family
court awards custody of children to either parent or both parents according to the best interests of the children.
State laws and statutes govern how
the court awards custody...
-- Instead of
the court awarding custody to one parent and «visitation'to the other, the court will «allocate parental responsibilities» and parenting time.
«
The court awarded custody of both children to defendant pursuant to Rule 5:3 - 7 (a)(6), finding the transfer of custody to be in the children's best interests.
State laws and statutes govern how
the court awards custody and how custody matters are defined and labeled.
Not exact matches
Even after a guradIan adlietem and shrink told the
courts I was the better parental I was
awarded 50/50
custody, the ex wife still kidnaps the children for months at a time and the
court allows it, if I tried, I'd be sent to jail.
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.
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.
«About 15 years ago, we began to see
courts awarding more men
custody of their children in divorce actions, That turned the tide, and it's now more acceptable for single men and gay men, for example, to raise children without wives.»
For example, the
court will
award sole
custody when it's in the best interests of the child's emotional, mental or physical well - being.
Toward that goal, the
court may
award joint
custody or sole
custody.
Even when one parent is
awarded «sole»
custody,
courts will not terminate the child's relationship with her other parent, at least absent some significant and severe circumstances that might make contact with that parent unsafe.
A family
court's
award of joint
custody will determine where the child will physically live and when, and the
court will also make a determination regarding how major decisions regarding his health, education, and religious needs will be made.
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.
To make this determination, the
Court exercises certain deliberations to
award custody, generally based upon those factors considered to be in the best interest and welfare of the child (ren).
Washington state
custody laws also allow the
courts to consider
awarding joint physical
custody.
The
court's rationale for
awarding custody to the parent who handles the majority of the child's day - to - day activities is that the balance of a child's life might be upset if they were to be removed from the parent who is most frequently responsible for their day - to - day activities.
A family
court in Maine will
award either sole
custody or joint
custody.
A Wisconsin
court will
award joint
custody in cases where parents can cooperate in performing their responsibilities toward their children.
When possible, the
court will
award joint legal
custody and / or joint physical
custody.
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.
While the
courts in Iowa do lean toward joint
custody or an arrangement that allows generous visitation, there are situations where the
court will
award sole
custody to one parent.
The primary issue before us is whether trial
court's
award of joint
custody is in the best interests of the Burham children.
In
awarding custody, the
court shall consider which parent is more likely to foster a positive relationship between the child and the other parent.
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.
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.
A
court may
award visitation rights if the child's parents» marriage is terminated, the parents separate, or
custody of the child is given to a third party other than the child's parents.
However, when a family
court judge does have to step in and decide which parent to
award primary physical
custody to, preference is usually given to the one who is the child's «primary caretaker.»
Joint
custody may be
awarded in the discretion of the
court.
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.
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.
Ultimately, a
court prefers to
award parents joint
custody of a child.
The
court shall
award custody as in the best interests of the child.
It is very common for a
court to
award partial
custody to both parents, otherwise known as joint
custody.
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.
The
court may reject the plan and
award sole
custody to one parent.
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.
Most
courts tend to
award one parent sole physical
custody, while the noncustodial parent has visitation rights.