When they divorced in 1998 their settlement agreement provided that they would share
joint legal custody of their son, and the child's mother would be the parent of primary residence.
-LCB- 3:18 minutes to read -RCB- Divorcing parents who choose to have
joint legal custody of their children, i.e. joint decision making, are often concerned as to what happens if they disagree on issues regarding their children.
In California, the legal presumption is that parents will have joint physical custody and
joint legal custody of children — a truly shared arrangement — unless one parent proves that this wouldn't be good for the children.
Even if the parents had
joint legal custody of their children, the parent with whom the children lived most of the time was named the «residential custodian.»
Example: Mother and Father are divorced, and decide to share
joint legal custody of Child, but also agree that Mother should have primary physical custody of Child.
«CONSIDERING that the Mother's behaviour is tantamount to constituting, according to the evidence, a case of parental alienation, while also ignoring that under Quebec law, both the Mother and the Father exercise jointly the parental authority over their child; FOR THESE REASONS, THE COURT... MAINTAINS the Father's Motion; GRANTS
joint legal custody of the child [orders mother to return child to the father at her own cost, psychosocial evaluation of the child, reserves right to father to bring motion for sole custody or to modify terms if mother stays in Canada longer than summer months].»
Most divorcing couples have
joint legal custody of their child or children.
In joint legal custody arrangements, noncustodial parents may be more likely to pay child support than parents who do not have
joint legal custody of their children.
Joint legal custody of a child is when both parents have the right to make the decisions about their child.
20 (2014), the parents entered into a marital settlement agreement whereby they agreed to share
joint legal custody of their three - year - old daughter.
After a contentious custody battle, the parties were awarded
joint legal custody of their two children, with the mother being awarded primary physical custody.
Most parents have
joint legal custody of their children, however, that does require that the parents are able to have some communication and the ability to consult and confer with each other regarding the children.
The parents agreed that they «shall share
joint legal custody of the children.
Parents who agree to share
joint legal custody of a child often outline their shared responsibilities in a joint legal custody agreement.
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.
If the parent proposing to move has sole or
joint legal custody of the child and the child resides with that parent for the majority of time, the noncustodial parent can attempt to stop the move by filing paperwork with the court.
Joint legal custody of children is normally inappropriate in parallel parenting situations.
The parties currently have temporary
joint legal custody of their 6 - year old disabled son.
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.
Heltzel v. Heltzel, No. 97 -000316-DM (Michigan Court of Appeals, October 23, 2001): Mother appealed the award of physical and
joint legal custody of her child to her parents, the child's maternal grandparents.
Updated: A Michigan man and convicted sex offender who pleaded guilty to a lesser charge in an alleged rape of a 12 - year - old girl was awarded
joint legal custody of the boy who was conceived as a result of the crime, according to the victim's lawyer.
Updated: A Michigan man and convicted sex offender who pleaded guilty to a lesser charge in an alleged rape of a 12 - year - old girl was awarded
joint legal custody of the...
Judge Gregory Ross of Sanilac County awarded
joint legal custody of the 8 - year - old child to 27 - year - old Christopher Mirasolo, report the Detroit News and the Port Huron Times Herald in a story published by USA Today.
A Michigan judge says he was not aware he had awarded
joint legal custody of a boy to a father accused of raping the boy's mother when she was...
On January 28, 2005, the New Mexico Court issued an order that S and J should have
joint legal custody of N, that J should temporarily have sole physical custody and that S must return Nina to J's custody.
According to court documents first obtained by TMZ, she filed legal documents on Monday morning, requesting
joint legal custody of their six children — she would have physical custody of the children and would grants him visitation.
Baron's wife Isabella Brewster - sister of «Fast and Furious» star Jordana Brewster - filed for divorce in June and requested primary physical and
joint legal custody of their two children.
Example: Mother and Father are divorced, and decide to share
joint legal custody of Child, but also agree that Mother should have primary physical custody of Child.
Not exact matches
Perpetrator
of «abuse» can not get sole or
joint legal or physical
custody a child.
Obtaining a passport for a child under the age
of 16 can be tricky for single parents who share
joint legal custody.
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.
Before we explore the pros and cons, you need to understand the
legal definition
of joint physical
custody.
An Idaho court might award
joint physical
custody,
joint legal custody or both based on what the court believes is in the best interests
of the child.
Joinder
Joint Custody Joint Legal Custody Joint Petition
Joint Physical
Custody Joint Property
Joint Tenancy Judgment Judgment
of Divorce Judgment Nisi Judicial Foreclosure Jurat Jurisdiction Jurisprudence Justice System
In other words, parents who share
joint custody may only share
joint legal custody, meaning that they equally share the responsibility for making major
legal decisions on behalf
of the child.
In the case
of joint legal custody, this becomes even more important.
«
Joint physical
custody», often referred to as shared parenting means parents share equal
legal custody but not necessarily equal physical
custody of the child (ren).
The court may award either «sole
legal custody» or «
joint physical
custody» if it is in the best interest
of the child.
Parents interested in a
joint legal custody arrangement should first consider the level
of communication between themselves and the child's other parent.
Parents may also request a combination
of both
joint physical and
joint legal custody.
«
Joint physical
custody», often referred to as shared parenting means both parents share equal
legal custody but not necessarily equal physical
custody of the child (ren).
However, there are two different kinds
of joint custody:
joint legal custody and
joint physical
custody.
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.
Cordell & Cordell's lawyers say some states have changed the language
of their statues from «sole
custody» and «
joint custody» to terminology such as «parenting time» or «
legal decision - making.»
Joint custody reposes in both parents
legal responsibility for the care
of their children and alternates the physical
custody.
Legal precedent and conflicting philosophies regarding
joint custody notwithstanding, the ultimate determination still rests upon the best interests
of the child.
Full
custody allows one parent to have both
legal and physical
custody of a child, while
joint custody allows both parties to share physical and / or
legal custody of a child.
Lastly, both
joint physical and
legal custody is a combination
of the first two.
Joint custody means the
legal responsibility
of a minor child is shared equally between the parents, and neither parent has
legal custodial rights superior to those
of the other parent.
In child
custody situations, «
joint custody» usually refers to one
of two possible scenarios:
joint legal and physical
custody, or
joint legal custody.