Sentences with phrase «joint physical care»

It would call for joint physical care, which refers to where a child lives.

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

Joint custody does not necessarily require joint physical care.

Joint physical care means each parent is entitled to a shared living arrangement with the child in which neither parent has greater rights over the other to spend time with the child.

If the court denies the request, the court has to say why joint physical care is not in the best interest of the child.

The court may award joint physical care to both of you, which means the child splits his time between both homes.

17 18 SECTION 4: The states shall require the parents to submit, either individually or jointly, a 19 proposed joint physical care parenting plan.

Typically, courts order joint physical care in situations in which the court also orders joint custody.

On this record, we can not find any basis for concluding joint physical care was in the children's best interests.»

If the court decides to give joint physical care, it can affect child support, public benefits and the tax filing status such as Head of Household versus Single filing status, or eligibility for important tax credits such as the Earned Income Tax Credit.

In determining the 31 best interest of the child relative to the denial of a request for joint physical care, a state 32 court shall consider that the best interest of the child includes the opportunity for maximum 33 continuous physical and emotional contact possible with both parents, unless direct physical 34 or significant emotional harm to the child may result from this contact.

The court may also allow the parties to have «joint physical care.»

11 12 SECTION 3: A rebuttable presumption exists that a request for joint physical care by either 13 parent is in the best interest of the child, the burden of proof to rebut the presumption rests 14 on the party denying that joint physical care is in the best interest of the child, and such 15 party shall demonstrate that joint physical care is not in the best interest of the child by clear 16 and convincing evidence.

26 27 SECTION 5: If a state court finds by clear and convincing evidence that joint physical care 28 is not in the best interest of the child and denies the request for joint physical care, the 29 determination shall be accompanied by specific findings of fact and conclusions of law that 30 the awarding of joint physical care is not in the best interest of the child.

In Iowa, joint physical care is typically awarded upon request and when parents already share joint custody.

The court can instead give both parents «shared care,» which is also called «joint physical care.»

How does the court decide whether there will be physical care to one parent or joint physical care?