Even in the case of unmarried parents, many courts
favor joint custody of a child because this can allow the child to foster strong bonds with both parents.
Fewer than 15 percent of fathers receive shared or
joint custody of their children after divorce, and too many of those who don't get custody end up slowly fading out of their children's lives.
Even if a child's parent or parents are alive, a grandparent or other relative may be able to
obtain joint custody of the child if they can prove that the parent or parents are unfit in some states.
However being informed that the bill had been enacted and being aware that various groups had been agitating for a law that
made joint custody of children South Carolina's default position, I decided to review the bill.
In the case of legal custody, the going in supposition is that unless you say otherwise, you each have
joint custody of the children so less time is typically spent on this in mediation than physical custody.
Generally, courts will
grant joint custody of a child, which means that each parent will continue to spend a substantial amount of time with the child and have an impact on key decisions related to the child's upbringing.
Definition:
Joint custody of a child requires both parents to cooperate in deciding major issues affecting their children, including, but not limited to, major medical decisions, religious training, and education.
While nothing in the law prohibits it explicitly, I've never understood how attorneys can counsel their male clients to demand DNA paternity testing, especially for a child born in their marriage, while
seeking joint custody of that child.
For a grandparent or other relative to successfully file
for joint custody of the child, that party would need to show evidence proving that the child's living parent is unfit to act as a custodian.
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.
In a novel and lengthy opinion, a New Jersey family court judge has
awarded joint custody of a child to three people — the biological father, his same - sex spouse, and the mother.
If you have
joint custody of your child, your ex should be consulted on all meaningful issues affecting your child.
Some states consider an unmarried mother to have full, sole custody of a child, while other states consider two unmarried parents to have
joint custody of a child.
According to North Carolina child custody laws, if a military parent has sole or
joint custody of a child and receives deployment papers that involve moving a substantial distance from the parent's home, a North Carolina family court will issue a temporary custody order of the child during the parent's absence, which shall end no later than 10 days following the parent's return.
If you seek full or
joint custody of the children — or if you just want a generous visitation schedule — staying in the house will help your cause.
Marcia and Gordon Clark, who had been married for 13 years, have
joint custody of their children, with Marcia as «primary physical caregiver.»
In some states, an unwed mother is presumed to have sole custody of a child, while other states presume that two parents who sign the child's birth certificate have
joint custody of a child, regardless of whether they're married.
Interesting case out of the Tax Court this month: in Trignani v. Canada, [2010] T.C.J. No. 141, the court determined that a man who had
joint custody of his child but who was paying net maintenance to the children's mother, was entitled to write of those legal expenses he incurred to pursue his child support claims.
Parents who have
joint custody of their children must both sign a passport application for a child of the marriage.
Interesting case out of the Tax Court this month: in Trignani v. Canada, [2010] T.C.J. No. 141, the court determined that a man who had
joint custody of his child but who was paying net maintenance to the children's mother, -LSB-... read full post]
Because you are married, you both have
joint custody of the children; therefore, she can not legally claim to have custody of the kids.