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.
Not exact matches
This is still considered
joint physical
custody because the parent who has the
children on the weekend is spending pretty much equal time with them as the parent who has them from
after school on Monday until beginning
of school on Friday since the weekend parent is with them all day Saturday and Sunday, as well as rest
of the day Friday.
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.
Joint custody refers to the shared physical and / or legal
custody of a
child after the parents separate or divorce.
The court will make an order for
joint custody to both parents or sole
custody to one parent
after reviewing factors such as the wishes
of the parents and
child, the parents» ability to cooperate and parent together, the
child's physical, developmental, and emotional needs, and the
child's relationship with each parent.
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.
California courts tend to prefer when parents share
joint legal and physical
custody of their
children after a divorce.
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.
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.
After considering the jurisprudence with respect to the double - bind question, the Court found that the risk
of it resulting in a presumptive disposition may be greater where a
joint custody or shared residency arrangement requiring both parents to reside in the same locale is in the best interests
of the
child.
Pullman v. Pullman 2000 BCSC 1654
After nine days
of trial during which the mother sought sole
custody with limited visitation by the
children to their father, and a Section 15 Report by Robert Colby recommended that the mother be the primary residential parent, Mr. Justice MacKinnon ordered that the two daughters
of the marriage, aged five and seven, be under the
joint custodial care
of both parents and that a shared parenting schedule
of week on week off be implemented.
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.
CHILD CUSTODY TIMESHARE: SANFORD BRAVER AND MOVEAWAYS AMERICAN ATTITUDES TOWARD CHILD ABUSE AND MOTHERHOOD: Relocation of Children after Divorce, misrepresented research, includes information and commentary about Robert Bauserman's «joint custody research&
CUSTODY TIMESHARE: SANFORD BRAVER AND MOVEAWAYS AMERICAN ATTITUDES TOWARD
CHILD ABUSE AND MOTHERHOOD: Relocation
of Children after Divorce, misrepresented research, includes information and commentary about Robert Bauserman's «
joint custody research&
custody research».
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.
Alabama
child custody law, Section 30-3-150 requires that «minor
children have frequent and continuing contact with parents who have shown the ability to act in the best interest
of their
children and encourage parents to share in the rights and responsibilities
of rearing their
children after the parents have separated or dissolved their marriage [but]
joint custody does not necessarily mean equal physical
custody.»
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.
After a contentious
custody battle, the parties were awarded
joint legal
custody of their two
children, with the mother being awarded primary physical
custody.
Martha Jacobson felt that the father should have
joint custody, even though he had not asked for it, and even though she knew that he was planning to move 40 miles away to the next county right
after the divorce, which would pose logistical problems with this kind
of arrangement for a
child in preschool or kindergarten.
When both parents share
custody of the
child (ren)
after a divorce it is called
joint custody, shared parenting or co-parenting, and may be either legal or physical in nature or both.
Also
of note, a 2005 study by Margaret Brinig on the effects
of presumptive
joint custody laws found as follows:»... [S] eparation
after the
custody statute took effect, holding other things constant, was statistically significantly related to a decrease in the absolute dollars
of child support awards, with a difference
of about $ 80 a month.
Braver is a staunch advocate
of continued father involvement in
children's lives
after divorce, and
of joint legal
custody as a tool to promote father involvement.
[FN121] The section appears
after a detailed
Child Support Guideline that has been interpreted as applying to all proceedings * 798 to determine the care and custody of minors, and seems to be a gratuitous reference intended to neutralize criticism of the joint custody presumption as an end run around child sup
Child Support Guideline that has been interpreted as applying to all proceedings * 798 to determine the care and
custody of minors, and seems to be a gratuitous reference intended to neutralize criticism
of the
joint custody presumption as an end run around
child sup
child support.
Also see generally, e.g. Eleanore E. Maccoby & Robert H. Mnookin, Dividing the
Child: Social and Legal Dilemmas
of Custody, Harvard University Press (1992)(characterizing joint custody arrangements in which parents were not communicating as an indication that after a period of time, joint custody was not facilitating coparenting cooperation and not working for most of the fam
Custody, Harvard University Press (1992)(characterizing
joint custody arrangements in which parents were not communicating as an indication that after a period of time, joint custody was not facilitating coparenting cooperation and not working for most of the fam
custody arrangements in which parents were not communicating as an indication that
after a period
of time,
joint custody was not facilitating coparenting cooperation and not working for most of the fam
custody was not facilitating coparenting cooperation and not working for most
of the families.)