If you're divorcing in this state, and you have a history of perpetrating family violence, you can't have custody of your children — even joint
custody shared with their other parent.
Not exact matches
If you
share custody with your child's
other parent, then setting up temporary guardianship
with another adult might not be necessary.
You could possibly get full
custody of your children; however, Nevada family courts favor
shared physical
custody and are likely to grant each
parent equal time
with the children, unless the children are at risk of coming to harm in the presence of their
other parent.
Although
shared physical
custody was once popular, a more common approach today is for one
parent to have the child during the week, and the child lives
with the
other parent during the weekend.
Iowa law requires that the court must consider the best interest of the child and order a
custody arrangement that will give the child the chance for maximum continuing physical and emotional contact
with both
parents after the
parents have separated and dissolved the marriage, and which will encourage
parents to
share the rights and responsibilities of raising the child unless physical harm or significant emotional harm to the child,
other children, or a
parent is likely to occur.
In some cases,
parents share joint legal
custody, but one
parent is designated as having primary physical
custody of the child,
with the
other parent having a set
parenting time to spend
with the child.
Our Vancouver parental alienation lawyers act for
parents with sole and
shared custody who are seeking to stop the
other parent's attempts at alienation, or to stop the
other party from falsely alleging alienation.
[13] He considered (1) the existing
shared parenting arrangement and the relationship between the children and Ms. G; (2) the existing
shared parenting arrangement and the relationship between the children and Mr. S; (3) the desirability of maximizing contact between the children and both
parents; (4) the views of the children, which had not been canvassed; (5) Ms. G's reason for moving; (6) the disruption to the children of a change in
custody; (7) the disruption to the children consequent on removal from family, schools, and community; and (8) various
other factors, such as Mr. S's economic stability, the importance of the paternal grandparents, the location of the proposed residence at Moyie Lake on a leased lot at an RV park, the girls» relationship
with Mr. G and his children, and Ms. G's inflexibility.
It could be every day
with the
other parent seeing the child on the weekends or a joint
custody situation where you
share the time
with the
other child.
Two earlier cases — one an interim application in Chambers, and one after a nine - day trial — and in both got a
shared parenting order for week on / week off and joint
custody for our father clients, both
with two daughters where the mothers sought sole
custody with «access» to the father every
other weekend.
Some of the recent decisions, both from trial and interim applications, awarding equal time
shared parenting and joint
custody where one
parent typically sought to be the sole custodial
parent with «access» to the
other parent every
other weekend are as follows.
For example, one
parent can have sole legal
custody of the child even while
sharing physical
custody with the
other parent.
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.
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.
I help you through the emotional and often tumultuous processes of: separation; divorce;
custody /
shared parenting plans;
parenting / co-
parenting with an ex / co-
parenting within step families; moving on after divorce; your family; and
other experiences unique to divorcing individuals, couples, and step families.
Joint physical
custody, which is also called «
shared custody,» or «
shared parenting,» or «dual residence,» means the child / ren live
with one
parent for part of the week (or part of the year), and live
with the
other parent during the... Continue reading →
Joint Physical
Custody: The
shared right to have a child live
with one or the
other parent at different times of the week or year.
A
parent who
shares legal
custody of his child
with the child's
other parent must also
share decision - making rights unless their
custody arrangement specifies otherwise.
Even when
parents share custody, if one
parent has greater income than the
other, the
parent with more income will generally be required to pay child support.
While a child's natural
parents are the most common parties to petition for
custody of a child, in some instances, grandparents or
other relatives
with close relationships may
share custody with a
parent who is hospitalized or incarcerated.
One
parent may have primary
custody, where the child lives
with him or her for the majority of time, but if the
parents share joint
custody, the child resides
with the
other parent for a considerable amount of time.
Joint physical
custody, which is also called «
shared custody,» or «
shared parenting,» or «dual residence,» means the child / ren live
with one
parent for part of the week (or part of the year), and live
with the
other parent during the remaining time.
These days, even when you
share custody with the
other parent of your child, one of you is bound to pay child support, unless you each make the exact same amount of money.
Under the U.S. legal system, you have a constitutional right to joint or
shared custody and
other contact
with your children, unless you have been found to be an unfit
parent for such reasons as neglect, abuse or abandonment.
However, if joint
custody is awarded, you must
share this responsibility
with your child's
other parent.
Shared custody (which is also known as «joint
custody» in
other states) grants one or both
parents shared legal or physical
custody in a way that allows the child frequent and continued contact
with both
parents.
It's difficult logistically to divide a child's time exactly 50/50 between households, so even when
parents share joint physical
custody, their child might live
with one more often than the
other.
Physical or residential
custody relates to the issue of
with which
parent the children will primarily reside and how much time and when they will spend
with the
other parent in his / her home, or possibly a true,
shared 50/50
parenting plan.
With time
sharing, one
parent is typically awarded physical
custody of a child, while the
other is given substantial visitation rights.
Since you will not be
sharing custody with your child's
other parent, the court will likely grant him visitation rights so he also has an opportunity to foster and maintain a
parent - child relationship
with the child.
Parents often
share legal
custody, even in the more traditional arrangement where the child lives primarily
with one
parent and has «
parenting time»
with the
other parent.
For example, in a
shared physical
custody arrangement, your child might live
with you every week from Sunday through Wednesday and
with his
other parent Thursday through Saturday.
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.
Very often one
parent has physical
custody and both
share legal
custody, but in any event the willingness of the
parents to cooperate
with each
other pleases judges who are more than willing to cooperate
with the
parents.
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.
«creation of professional norms which would give
custody to... the
parent most willing to
share the child
with the
other parent.»
Joint
custody vs
shared custody vs sole
custody Designation of primary residential
parent Decision making: Which are joint decisions and which are made by each
parent individually Children's birth certificates, passports, and
other legal documents Permission to travel
with the children Access to the children when not
parenting Expectations regarding religious traditions and customs Death of either
parent Relocation of a
parent Surnames and
parent designation of Mom and Dad Pet
custody and expenses
For instance, the question of whether the
parent who
shares custody can relocate
with a child without the consent of the
other parent can become murkier in a legal separation.
If you
share custody with your child's
other parent, then setting up temporary guardianship
with another adult might not be necessary.
Also called «
shared custody,» «
shared parenting,» or «dual residence
custody» this physical
custody arrangement involves having the children live
with one
parent for part of the week (or part of the year), and live
with the
other parent during the remaining time.
By using a
shared custody repository like the OurFamilyWizard ® website, you can save a lot of time going back and forth
with the
other parent.
Child
Custody; joint custody; shared parenting; time - share Child custody issues are interconnected with issues of maternity and pregnancy, primary caregiving, parental alienation, child development (education and attachment issues), father's rights, and other family law issues, as well as to issues involving forensic psychologists, guardians ad litem (GALs) and other mental health professionals in the family court system, so check related sections, including those on psychology for other relevant ar
Custody; joint
custody; shared parenting; time - share Child custody issues are interconnected with issues of maternity and pregnancy, primary caregiving, parental alienation, child development (education and attachment issues), father's rights, and other family law issues, as well as to issues involving forensic psychologists, guardians ad litem (GALs) and other mental health professionals in the family court system, so check related sections, including those on psychology for other relevant ar
custody;
shared parenting; time -
share Child
custody issues are interconnected with issues of maternity and pregnancy, primary caregiving, parental alienation, child development (education and attachment issues), father's rights, and other family law issues, as well as to issues involving forensic psychologists, guardians ad litem (GALs) and other mental health professionals in the family court system, so check related sections, including those on psychology for other relevant ar
custody issues are interconnected
with issues of maternity and pregnancy, primary caregiving, parental alienation, child development (education and attachment issues), father's rights, and
other family law issues, as well as to issues involving forensic psychologists, guardians ad litem (GALs) and
other mental health professionals in the family court system, so check related sections, including those on psychology for
other relevant articles.
For most
parents, joint and
shared custody existed prior to the marital breakdown and it seems unreasonable that this arrangement should change
with divorce unless there are logistical and / or
other extenuating issues.
If you
share joint legal
custody with your child's
other parent, you have an equal, 50 - 50 say in all matters...
If you
share custody of your child
with the
other parent, however, you may need his permission to travel out of state
with your child.
If you
share joint legal
custody with your child's
other parent, you have an equal, 50 - 50 say in all matters relating to child care.
Also, if both
parents share physical
custody, neither of them are permitted to relocate
with the children without the consent of the
other parent.
This is an arrangement where the child is «
shared» between the two
parents, meaning that the child resides
with one
parent for half of the time and the
other parent for the
other half and this is often termed joint
custody in South Carolina.
Parents who
share joint legal
custody must consult and confer
with each
other on major decisions such as these.
If you
share legal
custody with the
other parent, you may be making some joint decisions about these issues.