Yet,
if equal parenting time becomes the law, these are the exact people who will likely need to challenge the law the most.
Not exact matches
When asked
if dads should get the same
time off as mothers after the birth of their child he replied: «I don't see why not, a child has two
parents often and actually to give them both
equal rights is a good thing.
Not all born of human
parents, not all who share in the bond of human generations over
time, will seem
equal in dignity —
if and when those practices become accepted among us.
And,
if they end up divorcing anyway, there's nothing in the proposed legislation to teach them how to effectively co-parent — the No. 1 determining factor in whether the kids do OK or not after a divorce, along with having
equal, meaningful
time with both
parents.
Ideally, kids benefit most from consistent support from both
parents, but they may resist
equal time - sharing
if it interrupts school or their social lives.
This doctrine is interpreted in many courts to mean that children — including very young children — develop most healthily
if they spend approximately
equal amounts of
time with each
parent.
Says Wasser: «
If you are hoping to eventually get to an
equal time share arrangement but have not historically spent as much
time parenting, gradual increases are recommended.»
If time spent with each
parent is
equal, the
parent with the higher adjusted gross income (AGI) will receive the benefits.
The idea is that
parents are less likely to have a contentious relationship
if they share
equal parenting time.
What
if both
parents share a fairly
equal amount of
time with the child?
If after separation you and your spouse have substantially
equal parenting time with the child, then the courts will be reluctant to allow for relocation.
[9] The most important provisions in the order, from my perspective, were that the defendant was required to produce to the plaintiff her monthly work schedule as soon as reasonably possible but in any event within 48 hours of receiving it; that upon receiving the defendant's work schedule the plaintiff was required to draw a calendar setting out
parenting time for each
parent for the coming month, the primary aim being to see that the children spend
equal time with both
parents if possible.
(d)
If the
parents are not actually spending substantially
equal intervals of
time with the child and the
parent spending the greater amount of
time with the child proposes to relocate with the child, the other
parent may, within thirty (30) days of receipt of the notice, file a petition in opposition to removal of the child.
(c)
If the
parents are actually spending substantially
equal intervals of
time with the child and the relocating
parent seeks to move with the child, the other
parent may, within thirty (30) days of receipt of notice, file a petition in opposition to removal of the child.
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).
Or,
if one
parent felt that there were good reasons why
parenting time should not be
equal, they could ask a judge to decide what the appropriate
parenting arrangement should be in the circumstances.
If our family laws were amended to include a presumption in favor of
equal parenting, it would mean that when a couple separates, the default position would be that both
parents would divide
parenting time equally between the two of them.
If the parties have shared custody it means that the children are with each
parent about an
equal amount of
time.
Although a non-custodial
parent is usually the one to pay the custodial
parent support, this may differ
if both parties spend an
equal amount of
time with the child.
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.
The best way to lay the groundwork for your child's financial future is to make sure that as
parents you have a will, a living revocable trust, and the proper life insurance policy (I recommend term insurance with a death benefit
equal to 20
times the income you want to replace
if you die) in place in case something happens to you while your child or children are young.
If you have a residential schedule that isn't 50/50 you can use the holiday schedule or seasonal schedule to make the
parenting time more
equal.
And,
if they end up divorcing anyway, there's nothing in the proposed legislation to teach them how to effectively co-parent — the No. 1 determining factor in whether the kids do OK or not after a divorce, along with having
equal, meaningful
time with both
parents.
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.
If the time - sharing plan provides for equal time - sharing, health insurance is accessible to the child if the health insurance is available to be used in either county where the child resides or in another county if both parents agre
If the
time - sharing plan provides for
equal time - sharing, health insurance is accessible to the child
if the health insurance is available to be used in either county where the child resides or in another county if both parents agre
if the health insurance is available to be used in either county where the child resides or in another county
if both parents agre
if both
parents agree.
If the
parents can't agree on a
parenting plan, the judge has no option but to order
equal parenting time, regardless of the logistics.
Furthermore, plaintiff was not significantly disadvantaged by the lack of counsel because she could have obtained
equal parenting time with her children
if she had only agreed to it.
(c)
if it is, consider making an order to provide (or including a provision in the order) for the child to spend
equal time with each of the
parents.
FAMILY LAW — CHILDREN — Best interests — Where both
parents seek sole parental responsibility and for the child to live with them — Where the respondent mother believes the child would settle down and accept the arrangement
if the court ordered for the child to spend no
time with applicant father — Where the court has a statutory mandate to make
parenting orders with the child's best interests as the paramount concern — Where there is little doubt that the child would benefit from having a meaningful relationship with both
parents — Where the child's clear views that he does not want to spend
time with the respondent mother should be given significant weight in the circumstances — Where the child is of an age, maturity and intelligence to have principally formed his own rationally based views — Where the court is satisfied that it is in the child's best interests for the presumption of
equal shared parental responsibility to be rebutted — Where the respondent father is to have sole parental responsibility and the child is to live with him — Where the applicant mother is permitted to attend certain school and sporting events of the child — Where the child should be able to instigate contact with the respondent mother as he considers appropriate to his needs and circumstances — Where the orders made are least likely to lead to the institution of further proceedings in relation to the child — Where the child is to have the outcome of these proceedings, the effect of the orders and the reasons for judgment explained to him by an expert as soon as reasonably practical.
Title 25, Chapter 4, Article 1, A.R.S. Section 25 - 403.02 defines the essentials of the
parenting plan, which includes each
parent's rights and responsibilities in terms of personal care and decision making in the areas of education, healthcare and religion; a detailed schedule of the physical residence of the child throughout the year; prescribed courses of action when changes need to be made to the agreement or
if the agreement is broken by one party; and a statement from both parties acknowledging that joint custody is not defined by
equal parenting time.
However, even
if parents share
time with their child on an almost
equal basis, one is still the primary
parent and the other is still the non-custodial
parent.
Yet mothers still feel that
if fathers get
equal parenting time there's some kind of deficit, some kind of deficiency in them.
If a
parent with the majority of or an
equal amount of
parenting time wants to move under certain circumstances, they need to obtain the agreement of the other
parent or a court order.
If a child resides with one parent most of the time, that parent has majority time - sharing; if both parents spend relatively equal time with the child, they have equal time - sharin
If a child resides with one
parent most of the
time, that
parent has majority
time - sharing;
if both parents spend relatively equal time with the child, they have equal time - sharin
if both
parents spend relatively
equal time with the child, they have
equal time - sharing.
Fact: «The sheer prevalence of the problem of violence and the dynamics surrounding it make it clear any assumptions about
equal partnership in these cases are out of the question... the majority of women never report the assaults or in fact ever tell anyone about it (Johnson, 1996) and thus may not be believed
if the first
time the issue is raised is at the point of separation... may avoid going to court out of fear of retaliation, a fear which is not unfounded given the data on the escalation of violence at separation... agree to whatever the husband wants in an attempt to pacify him... as an exchange for custody... may appear unstable or emotional while their batterers are perceived as confident, rational and economically secure (Rosnes, 1997)... all the research flies in the face of what Rosnes argues is presently happening in the courts:»... judges assume that wife abuse is not necessarily damaging to a child, and that being violent does not necessarily affect a father's
parenting ability....
The presumptions referred to in subsection (4)[
equal parenting] are rebutted
if it is established that the best interests of the child would be substantially enhanced by allocating
parenting time or parental responsibility other than equally.
For example,
if a father were a long - haul trucker, he might say he has the presumption of
equal shared
parenting but, for him, it only works to have the kids about 30 % of the
time and the mother to have them 70 % of the
time.
If you like a 60/40 schedule but want your overall
parenting time to be
equal, you can use a holiday schedule or a summer break schedule to even out the
parenting time.
A physical custody arrangement where
parents share
equal parenting time will be ordered by a Kansas judge
if parents are in agreement with that arrangement.
If a 70/30 schedule seems to be the best one for your child but you want more
equal parenting time, you can use the holiday schedule or a summer break schedule to give more
time to the other
parent.
A review of the most comprehensive and controlled recent studies reports that
if children can not live with both
parents together, a minimum of one - third
time for each
parent is necessary, and that «additional benefits continue to accrue up to and including
equal (50 - 50)
time.»
Parents in Utah qualify as joint legal custodians only
if one
parent's
time with the child
equals 111 overnights a year or more.
Yes, even
if the
parenting time schedule is not
equal, both
parents may still share decision - making authority.