Sentences with phrase «joint physical custody agreements»

A joint physical custody agreement can give each parent equal time with their child, or it can give one parent majority of the time and the other parent with just some time.

Not exact matches

Family courts in Illinois prefer to award parents joint legal custody, noting that joint physical custody should be determined by the parents» agreement or the court's order.

Many variations come into play when deciding if the agreement will grant the parents sole or joint legal or physical custody.

In Long Island, New York, physical custody refers to the place where the child primarily lives regardless of whether there is a joint custody agreement between the parents.

In joint custody agreements, which courts often favor, both parents typically share legal custody of the children; however, depending on the state, it can also mean the parents share both physical and legal custody.

Absent a joint custody agreement by the parents that includes an unequal physical custody arrangement, a judge is now required to order joint custody with an equal amount of parenting time, regardless of where the parent lives, unless one parent is ruled to be unfit.

Although a joint legal custody agreement refers specifically to legal custody, it is possible to address both legal and physical custody in a single document.

Before you draft a joint legal custody agreement, you must determine if you will address the issue of shared physical custody or sole physical custody in this agreement.

If you and your spouse are able to negotiate an agreement that calls for joint physical custody, then you and your spouse may create your own plan for a joint parenting schedule as long as it serves the best interest of your child or children.

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.

If the parents fail to reach an agreement for joint legal custody and joint physical custody, and refuse to cooperate with each other in negotiations, the judge determines what is in the best interest of the child.

Most joint custody agreements will grant both parents with joint physical custody of the child while granting only one parent with legal custody of the child.

When parents agree that this is what they want for their children, and if they incorporate a joint physical custody plan into their marital settlement agreement, judges will typically sign the agreement into a divorce judgment.

When there is no such agreement or order, or when joint custody applies, the custodial parent is considered to be the parent who has physical custody of the child for most of the year.

Parents can negotiate the terms of both joint legal custody and joint physical custody in a custody agreement before they seek court approval.