Sentences with phrase «equal custody time»

Physical custody may also be granted to both parents on a joint basis, but parents may not necessarily be granted equal custody time.

Not exact matches

Shared parenting refers to a joint custody arrangement where both parents share approximately equal parenting time.
These six joint custody schedules provide for almost equal time for the kids with both parents.
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.
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.
These days, both men and women commonly enter into the workforce full - time, meaning that the custody decision could be as simple as which parent could spend the most time with the child, all other factors being equal.
Joint custody does not necessarily mean that the child must spend equal time with or live with both parents.
We intend to pursue this goal of building a society of equal opportunity responsibly, by protecting our natural endowments and, at the same time, adding value to the exploitation of these rich resources under our custody.
A trial was held and the family court entered an order awarding joint custody and equal parenting time between Father and Mother.
Our custody and parenting arrangement lawyers led by Lorne N. MacLean, QC, have noticed how custody and parenting arrangements have progressed over time moving from the one primary parent theory in the 1970's to joint custody in the 1980's and 1990's but not necessarily equal time to the now more common 50/50 shared parenting time regimes.
Shared custody ensures that each parent will have an equal amount of time with the child.
The title of the program was «Revisiting Shared Parental Access — Is a Presumption of Equal Parenting Time the Appropriate Template for Custody Determination?».
Physical custody, which means where children reside, may be an equal and shared physical custody arrangement where a child's time is evenly split between two homes, or an arrangement where the child resides with the primary custodial parent and the visitation schedule allows for parenting time with the non-custodial parent.
Such interim orders contained provisions stating that the plaintiff and the defendant shall have interim joint custody and guardianship, that the primary address of the children shall be the defendant's address, that for the purpose of access arrangements the plaintiff shall promptly inform the defendant of her monthly work schedule, and the defendant shall make efforts to ensure the children spend equal time with both the plaintiff and the defendant and, upon receipt of such work schedule, draw a calendar setting out parenting time for each parent for the coming month, and that the plaintiff shall be allowed to travel to Japan with the children from November 2, 2002 through November 18, 2002.
Joint physical custody means that the child will spend an equal amount of time in both parents» homes.
From this primary Charter violation stem the other two: a convict denied bail will, all things being equal, spend more time in custody than a convict who had been granted bail (punished twice for the same crime).
Joint physical custody means the child spends substantial & frequent time with both parents (not necessarily equal time)
With respect to the resolution of parenting disputes after separation, fewer of the family law cases of respondents from Alberta resulted in a form of shared custody, defined as the equal or near - equal distribution of children's time between separated parents, compared to the cases of respondents from the rest of Canada.
«Joint custody» means both parents make all the key decisions affecting the child, and the child lives with both parents, although not necessarily for an equal period of time.
As a result, the term «joint custody» does not refer to equal time spent at each parent's house.
If the parent proposing the move or removal has sole legal or joint legal custody of the child and the child resides with that parent for the greater period of time or the parents have substantially equal periods of physical placement with the child, as an alternative to the petition, motion or order to show cause under par.
There are a variety of ways to share parenting time, but the guidelines calculate support differently if the parents share equal time (meaning, the child lives with each parent 50 % of the time), close to equal time (where the child stays with the non-custodial parent between 143 and 183 nights a year) or have a split custody arrangement (where the parents divide the kids between them — mom takes the older child while dad has the younger child, for example).
Joint custody does not focus on arranging an equal amount of time with each parent.
If the parties have shared custody it means that the children are with each parent about an equal amount of time.
Physical custody means your children will be spending equal amounts of time living with both parents.
Sometimes parents enjoy joint custody, where the child lives with each parent for roughly an equal amount of time.
In Fortin v The Queen, 2014 TCC 209 (CanLII) Justice Lamarre found that a taxpayer who had custody of his children 43 % of the time was caring for them on a near equal basis with his wife.
Despite calls for new legislation that establishes equal shared parenting as the default position in custody disputes, Toronto family lawyer Richard Diamond tells Law Times he's opposed to the proposal.
This is not the case as it is possible for one parent to have custody over a child, but the child will spend equal time living with both parents, or the child may live primarily with one parent, and both parents may share custody.
-- Enabling parenting coordination by agreement or court order; — Amending the Commercial Arbitration Act to address family arbitrations; — integrating reproductive technologies into determining a child's legal parents; — Replacing the terms «custody» and «access» with «guardianship» and «parenting time»; — Defining «guardianship» through a list of «parental responsibilities» that can be allocated to allow for more customized parenting arrangements; — Extending the legislative property division regime to common - law spouses who have lived together for two years in a marriage - like relationship or who are in marriage - like relationship of some permanence and have children together; — Excluding certain types of property (e.g. pre-relationship property, gifts, and inheritances) from the pool of family property to be divided 50 - 50; and — Providing that debts are subject to equal division.
Cases of shared custody (where the spouses or partners have the children approximately equal time)
In joint custody situations, support may not be ordered at all if the parents have similar incomes and spend an equal amount of time with the child.
It is possible for parents to continue to have joint custody of their children after separation or divorce and for the children to spend an equal amount of time with each parent if the parents can agree and arrange this.
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.
Shared custody involves both parents sharing equal time and financial responsibility for the child.
However, joint custody does not necessarily mean that the child will live with each parent for an equal amount of time.
Joint physical custody means the child will spend an equal amount of time (or as close to 50/50 as possible) living with each 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.
In a recent Superior Court family law matter, the judge said the OCL should have «pulled the plug» on one of its investigators after she «glossed over» the mother's allegations of domestic violence and substance abuse by her former partner, and recommended the pair have joint custody of their daughter, with equal time - sharing.
Absent a joint custody agreement by the parents that includes an unequal physical custody arrangement, a judge is now required to order joint custody with an equal amount of parenting time, regardless of where the parent lives, unless one parent is ruled to be unfit.
Under a shared custody arrangement, the child does not necessarily spend an equal amount of time with each parent.
Remember, Florida law prefers to give equal custody to each biological parent, so after paternity is established, time sharing rights will likely be put into place.
However, joint custody doesn't guarantee that the child will spend an equal amount of time between both parents» households.
Joint physical custody is when the parties have an equal or approximately equal parenting time schedule and share roughly the same amount of time with the kids.
Joint custody does not mean equal parenting time.
Joint physical custody does not necessarily mean that both parents get equal time.
A defeated private member's bill that would establish equal shared parenting as the default position in custody disputes is best left off the law books, Toronto - area family lawyer Nicolle Kopping - Pavars tells Law Times.
When parents share physical custody, both have roughly equal parenting time.
The time spent with each parent does not necessarily have to be equal to be considered shared custody.
Specifically, the bill proposes revamping the state's child custody law with language stating courts must consider awarding each parent equal parenting time and equal decision - making authority unless abuse or neglect is an issue.
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