When parents divorce, many prefer to arrange for
joint custody of the children when possible.
Missouri law favors
joint custody of children when parents separate, so that children have «frequent, continuing and meaningful contact with both parents.»
Missouri law favors
joint custody of children when parents separate, so that children have «frequent, continuing...
Not exact matches
Among them are the rights to: bullet
joint parenting; bullet
joint adoption; bullet
joint foster care,
custody, and visitation (including non-biological parents); bullet status as next -
of - kin for hospital visits and medical decisions where one partner is too ill to be competent; bullet
joint insurance policies for home, auto and health; bullet dissolution and divorce protections such as community property and
child support; bullet immigration and residency for partners from other countries; bullet inheritance automatically in the absence
of a will; bullet
joint leases with automatic renewal rights in the event one partner dies or leaves the house or apartment; bullet inheritance
of jointly - owned real and personal property through the right
of survivorship (which avoids the time and expense and taxes in probate); bullet benefits such as annuities, pension plans, Social Security, and Medicare; bullet spousal exemptions to property tax increases upon the death
of one partner who is a co-owner
of the home; bullet veterans» discounts on medical care, education, and home loans;
joint filing
of tax returns; bullet
joint filing
of customs claims
when traveling; bullet wrongful death benefits for a surviving partner and
children; bullet bereavement or sick leave to care for a partner or
child; bullet decision - making power with respect to whether a deceased partner will be cremated or not and where to bury him or her; bullet crime victims» recovery benefits; bullet loss
of consortium tort benefits; bullet domestic violence protection orders; bullet judicial protections and evidentiary immunity; bullet and more...
An Alabama court may order
joint custody with or without the consent
of both parents
when it serves the
child's best interests.
A family court's award
of joint custody will determine where the
child will physically live and
when, and the court will also make a determination regarding how major decisions regarding his health, education, and religious needs will be made.
In Maine,
when parents request
joint custody, the court will agree to this arrangement unless the court decides
joint custody is not in the best interests
of the
child.
Joint custody, he asserts, involves each parent's having joint control over the care, upbringing and education of the children, even though the children reside most of the year with one parent, while divided custody involves each * 272 parent's having the children for a part of the year with control over the children only when in his or her cus
Joint custody, he asserts, involves each parent's having
joint control over the care, upbringing and education of the children, even though the children reside most of the year with one parent, while divided custody involves each * 272 parent's having the children for a part of the year with control over the children only when in his or her cus
joint control over the care, upbringing and education
of the
children, even though the
children reside most
of the year with one parent, while divided
custody involves each * 272 parent's having the
children for a part
of the year with control over the
children only
when in his or her
custody.
Another potentially problematic situation is
when a couple marries after the birth
of a
child, as in one New York case
when the court denied a nonbiological, married but not adoptive mother's petition for
joint custody.
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.
The court primarily considers the best interests
of the
child when making
custody decisions, and the state has gone on record that it believes
joint custody is in a
child's best interests.
In some states, an award
of joint physical
custody is possible
when a
child will be staying with both the mother and the father for significant periods
of time.
Even
when it is determined that the
child needs to spend time with both parents in order to thrive, courts are increasingly reluctant to award
joint physical
custody because
of the disruptions it causes
children.
In most situations,
joint physical
custody will only be awarded
when the parents
of the
child plan on living relatively close to each other.
When joint custody is awarded, support obligations are based on how much each party earns and the percentage
of time the
child spends with each party.
(A)
when a court orders sole
custody to one parent, the custodial parent, except in cases
of abuse, neglect, or abandonment, should facilitate opportunities for reasonable telephonic and electronic communication between the minor
child and the noncustodial parent, as appropriate, as provided for by court order if the court determines that this type
of communication is in the best interest
of the
child; and (B)
when a court orders
joint custody to both parents, each parent should facilitate opportunities for reasonable telephonic and electronic communication between the minor
child and the other parent, as appropriate, as provided for by court order if the court determines that this type
of communication is in the best interest
of the
child.
The judge will weigh the following factors
when determining if
joint custody is in the best interest
of the
child:
When parents separate after the
child is born, the default rule is «
joint custody»
of the
child unless there are circumstances that demonstrate one parent or the other should have sole
custody.
There are two types
of legal
custody: (i) «sole legal
custody» refers to
when only one
of the parents has these rights; and (ii) «
joint legal
custody» is where both parents have the same rights and responsibilities for the major decisions for the
child.
Thus the family court did not err
when awarding sole
custody of the
children to the mother and specifically declining to award
joint custody.
A «move - away «case arises
when a parent that has
joint or sole
custody of the
child decides to move to a location that is far enough away to disrupt the current custodial arrangement.
We'll provide a brief refresher on the meaning
of the term (information you will also find in the
Child Custody and Access section of our Help Centre), followed by some more detailed information on when a court may, or may not, order joint c
Custody and Access section
of our Help Centre), followed by some more detailed information on
when a court may, or may not, order
joint custodycustody.
California courts tend to prefer
when parents share
joint legal and physical
custody of their
children after a divorce.
When parents have
joint custody, they have equal decision making rights, although one parent may have physical
custody of the
child significantly more than the other parent.
After DNA testing established paternity, on Sept. 22, 2017, Judge Gregory S. Ross, 24th Circuit Court Family Division
of Sanilac County, MI awarded parenting time and
joint legal
custody to a convicted sex offender, Christopher Mirasolo, who forcibly raped and threatened to kill the minor
child's mother 9 years ago
when she was 12 years
of age and Mirasolo was 19 years
of age.
The two primary types
of legal
custody, which is determined either by agreement between parents or by order
of a judge, are
joint legal
custody, which is an arrangement where both parents share the rights to make the major decisions for their
child, and sole legal
custody, which is
when one parent can make these decisions without input from the other parent.
«Two other studies similarly found
joint physical
custody to be more beneficial to
children and adolescents than sole maternal
custody along multiple dimensions
when conflict was low, but these benefits were suppressed by high levels
of conflict (Lee, 2002; Maccoby & Mnookin, 1992).»
«
Joint custody mitigates the traumatic sense
of loss and rejection
children often feel
when a parent moves out.»
Joint legal
custody is
when both parents share the legal rights and responsibilities that affect their
child's health, education and welfare in a number
of areas, including in which religious faith to raise the
child.
Physical
custody can either be sole or
joint - sole is
when one parent has the
child in his or her care most
of the time, and the other parent has weekend visitations and perhaps a mid-week visit.
After frequent visitation while your
child is an infant, you can transition to more
of a
joint custody arrangement
when she is old enough to divide her time more easily between your homes.
A different analysis may be required
when parents share
joint physical
custody of the minor
children under an existing order and in fact, and one parent seeks to relocate with the minor
children.
The above blather about attachment theory is to pave the way in advance for an excuse
when infants and
children placed into
joint custody arrangements as a result
of the «advice» in this article start doing badly.
When joint physical
custody is granted, there is no «visitation» schedule because the
children live between the two homes and all responsibilities
of childcare are shared.
While some fathers may take little interest in their
children, the main causes include failure
of the courts to award
joint physical
custody, failure to award significant parenting time («visitation»), failure to enforce the parenting time that has been ordered, readiness to curtail contact between fathers and
children when estranged wives make any allegation,
child support orders that require fathers to work two or three jobs, thus leaving no time for parenting, moveaways, and other factors.
At the court's discretion, the judge may award sole
custody when it's in the best interest
of the
child, or
joint custody when both parents request
joint custody and have agreed to it and it is in the best interest
of the
child.
A
joint custody plan agreed upon
when a
child is three probably won't be practical five years later,
when she's in school; remarriage or relocation
of an ex-spouse may also affect terms
of their agreement.
Parents also reported higher satisfaction with
joint custody arrangements, and parents who were ordered to pay
child support were more likely to do so
when they shared
custody of their
children.
Joint physical
custody may lessen or eliminate the traumatic sense
of loss and rejection
children often feel
when a parent moves out.
Joint physical
custody is
when a
child lives with each parent for a significant period
of time.
Like many states, Tennessee presumes
joint custody, also known as shared
custody or shared parenting, is in the best interests
of the
child when both parents agree.
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.
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.
Joint custody,
when possible, is seen a practical and desirable since this is crucial in a continuing parent -
child relationship even after divorce; however, it may be practical
when the welfare
of the
child is jeopardized by one parent.
Although
joint custody is ideal, it is only feasible
when parents can share in the «care,
custody and control»
of their
children amicably.
«A policy
of automatically denying
joint physical
custody when a couple is labeled as «high conflict» brings additional drawbacks in addition to denying
children the protective buffer
of a nurturing relationship,» the lengthy statement
of 110 world experts about conflict, as Brennan quoted on the article.
As the name suggests, physical
custody tells us which parent physically has the
children at any given moment and typically is the main issue people think
of when asking what is
joint custody.
When making a decision on whether to grant
joint custody, most courts look at whether such an arrangement is in the best interest
of the
child.
Joint custody theory however, even
when very young
children commenced in sole mother
custody, arguably resulted in far more
children ending up in the sole
custody of their fathers than would reasonably be expected — or reasonably would approximate that parent's share
of the childcare and homemaking in «intact» two - parent homes.
When a
child lives a relatively equal amount
of time in each parent's home, this is referred to as shared
custody, also often called
joint custody.