Generally, they describe
joint physical custody as meaning that each parent shall have significant periods of physical custody and that physical custody shall be shared in such a manner to ensure that a child has frequent and continuing contact with both parents.
Recent research does not support the idea that conflict - including high legal conflict - should rule out
joint physical custody as the arrangement that best serves children's interests.
Unfortunately, sometimes parents battle for control of their child and use
joint physical custody as a way to «get their fair share» of the kids or (and I quote) «to make sure they live a normal life at least half the time!»
However, most states define
joint physical custody as any parenting time arrangement where both parents have significant overnights with the child.
Not exact matches
As with most
joint physical custody schedules, this one requires that your children have fully functional bedrooms and living space in each of your homes: Maintain separate wardrobes, toys, and favorite electronics at each place to the extent possible.
However, for parents who share
joint physical custody, it's generally more common for them to also share
joint legal
custody,
as well.
«
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).
Full
custody differs from
joint custody in that a full
custody arrangement grants legal and
physical custody to one parent
as opposed to both parents.
«
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).
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.
This meant that, while not necessarily splitting their children's time equally — that arrangement, known
as «
joint physical custody,» is both more cumbersome and less common — they continued to fully share parental rights and responsibilities.
Marcia and Gordon Clark, who had been married for 13 years, have
joint custody of their children, with Marcia
as «primary
physical caregiver.»
For couples that share
joint physical custody, it is pretty common for them to share
joint legal
custody as well.
Second,
joint legal
custody is where, although one parent may have full
physical custody, both parents must agree on any decisions that impact the child, such
as their education, medical care and spiritual matters.
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.
Nelson contended that the court should apply the Thompson court's language that a parent granted
joint custody or parenting time has the right to move up to 100 miles from the parent's
physical location with the child
as of the date of the court order entitling both parents
custody or parenting time.
Custody of the six children Jolie and husband Brad Pitt share is expected to be the largest part of the divorce proceedings, as Jolie has filed for sole physical custody, with visitation rights for Pitt, while asking the two maintain joint legal c
Custody of the six children Jolie and husband Brad Pitt share is expected to be the largest part of the divorce proceedings,
as Jolie has filed for sole
physical custody, with visitation rights for Pitt, while asking the two maintain joint legal c
custody, with visitation rights for Pitt, while asking the two maintain
joint legal
custodycustody.
Although move out of state by parent with
joint legal
custody and primary
physical custody is not per se substantial change of circumstances such
as to make that parent's continuing
custody unreasonable, this does not mean that circumstances inherent in such move are always insufficient
as a matter of law to warrant modifying child
custody.
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.
In some cases, parents share
joint legal
custody, but one parent is designated
as having primary
physical custody of the child, with the other parent having a set parenting time to spend with the child.
The court may order
joint custody — both parents share
custody — or sole
custody to one parent, and must decide
joint or sole
custody as to both legal
custody (the right to make decisions about a child's welfare) and
physical custody (the right to have a child live with you).
Joint physical custody means the child will spend an equal amount of time (or
as close to 50/50
as possible) living with each parent.
With shared or
joint physical custody, both parents provide a home for and meet the basic necessities of the child, such
as clothing, food, transportation, child care and extracurricular activities.
Joint physical custody is a shared
physical custody arrangement of the children, where the intention is that the children spend significant periods of time with each parent, such
as alternating weeks between mother and father.
If, however, the child splits his or her time living with both parents, this will be referred to
as joint physical custody.
In the past, this was referred to
as «
joint physical custody.»
Like other states, South Carolina recognizes both legal and
physical custody, and South Carolina courts can award either type
as sole
custody or
joint custody.
In some states, such
as Missouri, if your spouse has any visitation or parenting time, you have
joint physical custody.
This article will examine recent decisions concerning the relocation of the custodial parent in sole or primary
physical custody arrangements
as well
as the proposed relocation of a parent in cases involving a
joint custodial arrangement, including both
joint legal
custody and
joint physical custody.
New York courts often award legal
custody to both parents, known
as joint custody, and
physical custody to one parent with the other granted visitation rights.
A parent with sole
physical and legal
custody is known
as a «sole conservator,» and when parents have
joint custody, they are called «
joint conservators.»
And
joint legal
custody, or shared
custody, with one parent remaining
as the primary
physical custodian does little to alter the amount of time a child spends with the noncustodial parent, and does a lot to create control conflicts between parents who continue to harbor resentment stemming from the failure of the marriage.
[FN29] In type 2 cases (female - initiated violence), fathers should be encouraged to pursue primary
custody of their children; [FN30] in type 3 cases (male - controlled interactive violence), both parents are poor role models, but «the parent who can better provide a violence - free environment should be considered
as the potential primary caretaker for the child,» [FN31] while in type 4 cases (separation and postdivorce violence), «a range of
custody plans, including
joint physical custody, are appropriate.»
In some states, such
as Virginia, the term, «
joint custody» refers to both
physical and legal
custody.
Shared
custody (which is also known
as «
joint custody» in other states) grants one or both parents shared legal or
physical custody in a way that allows the child frequent and continued contact with both parents.
These cases hinge on whether the parties actually share
physical custody of the child; a
joint legal
custody arrangement with one party acting
as the primary
physical custodian is not generally sufficient to invoke this higher standard of review.
For the purposes of clarifying some of this confusion, let's take a moment to go over the differences between
joint legal and
joint physical custody,
as well
as some of the many ways choosing a
joint physical custody arrangement can help both you and your children.
Many jurisdictions refer to the concept
as joint physical custody.
This is known
as joint physical, 50/50 or shared
custody.
The most common form of
joint legal
custody designates one parent
as having primary residential (i.e.,
physical)
custody.
So
as you can see the question of what is
joint custody centers itself on two things: the
physical custody and the legal
custody of the minor children.
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.
The court considers all types of
custody such
as joint legal,
joint physical, sole
custody, and third - party
custody.
In
joint physical custody situations, the child usually spends marginally more time with one parent, referred to
as the «primary custodial parent.»
«A policy of automatically denying
joint physical custody when a couple is labeled
as «high conflict» brings additional drawbacks in addition to denying children the protective buffer of a nurturing relationship,» the lengthy statement of 110 world experts about conflict,
as Brennan quoted on the article.
As the name suggests,
physical custody tells us which parent physically has the children at any given moment and typically is the main issue people think of when asking what is
joint custody.
«
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).
In Montana, the court classifies
custody into different types, such
as legal
custody,
physical custody, sole, or
joint custody.
«
Joint custody», often referred to
as shared parenting means parents share equal legal
custody but not necessarily equal
physical custody of the child (ren).
If a Connecticut family court does not order
joint custody, it may order alternative
custody arrangements, such
as awarding sole
physical custody to one parent with appropriate visitation for the child with the non-custodial parent.