Sentences with phrase «if joint physical custody»

However, this standard only applies if joint physical custody is actually exercised by the parents.

Not exact matches

While these side benefits should never be the primary reason to choose joint physical custody, they're worth considering if you're having trouble looking on the bright... MORE side of a court - ordered joint custody arrangement.

If an Alabama court determines that domestic violence has occurred, the court will presume that it is not in the best interests of the child to be placed in the sole custody or joint legal or physical custody of the person accused of domestic or family violence.

If sharing joint physical custody is best for them, then you'll be able to work out all of the details around living in two homes.

Joint physical custody is rarely a 50/50 time split, but it affords both parents considerable time with the child, more than if one of them merely had parenting time once a week or so.

The court may award either «sole legal custody» or «joint physical custody» if it is in the best interest of the child.

A court in Utah will always consider joint physical or legal custody if both parties have completed a parenting plan and if joint custody serves the best interests of the child.

If parents have joint physical custody of three children all at different stages of development, an iron clad schedule, of who has the children when, does not allow for the needs of the individual children.

Most custody arrangements are «joint custody,» which generally refers to a shared legal custody even if only one parent has physical custody.

If the court awards joint custody to both parents, the court may award joint physical care upon the request of either parent.

Joint physical custody is another option if you and your ex don't live too far apart.

Many variations come into play when deciding if the agreement will grant the parents sole or joint legal or physical custody.

Alaska law also creates a «rebuttable presumption» (a legal assumption that has to be overcome with credible evidence to the contrary) that if an abusive parent has a history of committing domestic violence against the other parent, a child, or even a domestic living partner, the abusive parent must not be awarded sole legal custody, sole physical custody, joint legal custody, or joint physical custody.

If the parents have joint legal custody and substantially equal periods of physical placement with the child, either parent may file a petition, motion or order to show cause for modification of the legal custody or physical placement order.

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.

If a parent awarded joint legal custody and physical care or sole legal custody is relocating the residence of the minor child to a location which is one hundred fifty miles or more from the residence of the minor child at the time that custody was awarded, the court may consider the relocation a substantial change in circumstances.

Parents may have joint legal custody even if they don't have joint physical custody.

While joint physical custody would be unworkable if Mother moved to Florida, it's not clear what physical custody arrangement the family court set.

Whether it is physical custody, joint custody, visitation or another arrangement, we put our years of legal know how to work for you at the negotiating table or at trial, if necessary.

If you've chosen joint physical custody, what times will each parent spend with the children?

If, however, the child splits his or her time living with both parents, this will be referred to as joint physical custody.

If your shared physical custody or joint legal custody arrangement isn't working out post-divorce, you can file a motion with the court to change it.

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, the parent objecting to the move or removal may file a petition, motion or order to show cause for modification of the legal custody or physical placement order affecting the child.

It's not likely that the court would issue an order for joint physical custody if one of you objects.

Even if one of you has sole legal custody, you can still have an arrangement for either sole physical custody or joint physical custody.

In some states, such as Missouri, if your spouse has any visitation or parenting time, you have joint physical custody.

However, if the parents have joint legal custody and have substantially equal periods of physical placement, the matter is litigated under Wis..

Before you draft a joint legal custody agreement, you must determine if you will address the issue of shared physical custody or sole physical custody in this agreement.

If you have joint physical custody, the court will have to reweigh the Albright factors discussed above before making a new custody determination.

If both parents share physical custody, they have joint physical custody.

[ANONYMOUS LISTSERVE COMMENT]: «The recommendation involved a joint physical custody arrangement with an odd contingency... if the mother didn't agree with the recommendation, then the father would automatically get primary residential custody... this was after the evaluator had outlined numerous reasons why the mother had serious concerns about the father having primary custody... it appeared that the evaluator had set up the mother to agree to a plan that she had clearly not agreed to during the entire evaluation...» (Florida doctorate - level MHP, January 14, 2007).

After extensive testimony from both parents, the trial court not unreasonably concluded that it was in the «best interest» of the minor children that the father and the mother retain joint legal custody and that the mother retain sole physical custody, even if she moved to Lancaster.

If the court order does not outline any type of shared physical or joint legal custody, the court may not intend to award any form of custody to the other parent.

Even so, every New York custody order addresses the concepts of joint, sole, legal and physical custody, even if the order does not discuss the custody in exactly those terms.

If you and your spouse are able to negotiate an agreement that calls for joint physical custody, then you and your spouse may create your own plan for a joint parenting schedule as long as it serves the best interest of your child or children.

However, New York courts will sometimes order a situation that amounts to «joint physical custody,» even if they don't use those terms to describe it.

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.

If a father has joint physical custody, the child lives at the homes of both parents.

Legal custody is extremely important because the non-custodial (secondary physical custody) parent can't be cut from the decision making process if he / she has joint custody.

If the parents agree to share joint legal custody and joint physical custody, typically, they draft a parenting plan and present it to the judge for approval.

If you want to protect your right to joint legal and physical custody of your child, resolve any custody disputes in advance and present a detailed parenting plan to the court.

If parents share joint custody, which includes legal and physical custody rights, neither parent has full custody of the child.

Many courts are reluctant to award joint physical custody if the parents are unable to cooperate with one another.

If the parents fail to reach an agreement for joint legal custody and joint physical custody, and refuse to cooperate with each other in negotiations, the judge determines what is in the best interest of the child.

If a father can't obtain physical custody, he should strongly seek joint legal custody.

For example, if you want to have joint physical custody of your children, it is best to have a clearly articulated and written parenting plan prior to moving into a different residence.

Joint physical custody is rarely a 50/50 time split, but it affords both parents considerable time with the child, more than if one of them merely had parenting time once a week or so.

If you want a more joint physical custody you can give the parent with less parenting time more time with the child.

If sharing joint physical custody is best for them, then you'll be able to work out all of the details around living in two homes.

If a Connecticut family court does not order joint custody, it may order alternative custody arrangements, such as awarding sole physical custody to one parent with appropriate visitation for the child with the non-custodial parent.