Missouri law
favors joint custody of children when parents separate, so that children have «frequent, continuing...
Missouri law
favors joint custody of children when parents separate, so that children have «frequent, continuing and meaningful contact with both parents.»
Not exact matches
At the time
of this writing, courts in Clark County, Nevada,
favor joint custody unless one
of the parents lives at too far
of a distance from the
children's schools to make it feasible to transport them there several days per week.
California: There is no presumption in
favor of joint or sole
custody;
custody shall be awarded to both parents jointly or to either parent as is in the best interests
of the
child.
Nevada law
favors joint custody if the parents have agreed to it, unless there is evidence
of domestic violence or some other indication that the parents will not be successful in working together for the benefit
of their
child.
For this reason,
joint custody is heavily
favored by family law courts in all states, but it is not always the best option, especially if a
child of divorce is quite young.
In addition, Idaho
favors the active participation
of both parents in raising
children after divorce, which policy is reflected in I.C. § 32 - 717B supporting
joint custody.
In
joint custody agreements, which courts often
favor, both parents typically share legal
custody of the
children; however, depending on the state, it can also mean the parents share both physical and legal
custody.
Regardless
of each state's position for or against a presumption or preference in
favor of joint custody and whether or not it has been specifically authorized, overall there appears to be a growing trend in
favor of joint custody and more and more bills are being introduced to adopt a presumption that
joint custody is in the best interest
of the
child unless certain circumstances apply (such as convincing evidence that a parent is unfit or that it would not be in the best interest
of the
child to award
joint custody).
That motion judge's ruling was reversed by the Appellate Division
of the Superior Court
of New Jersey (our intermediate appellate court), ruling that giving such a presumption in
favor of the custodial parent is improper in cases where the
children's surname was chosen by the parties at the birth
of each
child and especially in cases where the parents share
joint legal
custody.
I am in
favor of joint physical
custody arrangements, but only when both parents are able to work together and have their
children's best interest at heart.
Legal
custody governs who makes decisions regarding the
child, and many states have a presumption in
favor of joint legal
custody.
While the most misogynistic branches
of the father's rights movement state outright that they
favor male control and father - only
custody in the hopes that this will turn the clock back on women's independence (e.g. by helping to entrap women in marriages that are otherwise broken), much
of the movement prefers to publicly posture in
favor of the more palatable and misleading rhetoric
of «shared parenting,» i.e.
joint custody, as a ruse to accomplish this end more indirectly, as well as to reduce or eliminate the foundations for
child support payments.
«Having found that [defendant] father and son relationship has been damaged by the alienation
of the
child toward the defendant, the next logical step is to determine what the court must do to correct the situation... «[Father's motion to modify from
joint custody to sole legal
custody in his
favor, granted; prohibitions
of various alienating behaviors on the part
of mother and her family; restrictions on mother's attendance at doctor visits and parent - teacher conferences.
Without the «psychological fingerprint» evidence, the presence
of other circumstantial evidence is usually not deemed sufficient to «convict» the allied and supposedly «
favored» parent
of inducing the suppression
of the
child's attachment bonding motivations toward the other parent, so that the
custody evaluator often recommends
joint custody, or primary
custody to the allied and supposedly «
favored» parent, along with therapy for the
child and targeted - rejected parent.
Most family law professionals
favor joint custody because it is most often seen as the best interest
of the
child that both co-parents play an active role in raising the
child.
At the beginning
of every case, Idaho
child custody laws
favor joint custody.
In the state
of Alabama, in an effort to foster ongoing contact between parent and
child, there is a presumption in
favor of joint legal and physical
custody.
The reason I have opposed this rebuttable presumption in
favor of joint custody is because it does not put the best interest
of the
child first.
«If we are serious about the best interest
of the
child being the principle that comes first, if that's the primary consideration in awarding
custody, then we ought not to have a rebuttable presumption in
favor of joint custody.
In the amendment to both sections
of the statute, the presumption in
favor of joint custody seemingly is withdrawn where there is a showing, by a preponderance
of the evidence, that an intrafamily offense, an instance
of child abuse or neglect, or an instance
of parental kidnapping occurred.
1996)(listing impact on Aid to Families with Dependent
Children and medical assistanceas factors to consider in determining the best interest
of the
child and in rebutting the presumption in
favor of joint custody).