Sentences with phrase «joint physical custody cases»

Fact: Fewer child support awards are ordered in joint physical custody cases; there is a greater income differential between fathers» households and mothers» households post-divorce in joint custody situations than in sole custody situations; and fathers with joint custody are more likely to have higher incomes relative to their ex-wives than fathers in situations of maternal custody.

Not exact matches

So, clearly there is an overlap here where, in the case of either Joint or Sole Physical Custody, the would - be non-custodial parent could have the children between 111 - 140 nights.

-- Author Unknown Alabama Code Title 30 Marital Domestic Relations § 30-3-151 The following is a list of possible custody grants in Alabama divorce cases: Joint Custody: joint legal and joint physical custody Joint Legal Custody: Both parents have equal rights and -Lcustody grants in Alabama divorce cases: Joint Custody: joint legal and joint physical custody Joint Legal Custody: Both parents have equal rights and -LSBJoint Custody: joint legal and joint physical custody Joint Legal Custody: Both parents have equal rights and -LCustody: joint legal and joint physical custody Joint Legal Custody: Both parents have equal rights and -LSBjoint legal and joint physical custody Joint Legal Custody: Both parents have equal rights and -LSBjoint physical custody Joint Legal Custody: Both parents have equal rights and -Lcustody Joint Legal Custody: Both parents have equal rights and -LSBJoint Legal Custody: Both parents have equal rights and -LCustody: Both parents have equal rights and -LSB-...]

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.

This is simply due to the fact that the vast majority of divorce cases result in the former occupants of the the marital domicile physically separating, a condition that would preclude the awarding of joint physical custody.

These Guidelines are applicable to all child custody situations, including paternity cases and cases involving joint legal custody where one person has primary physical custody.

Both physical and legal custody can be joint or sole depending on the individual circumstances of each divorce case between the former spouses.

In cases of spousal or child abuse, Massachusetts» courts presume the abusive parent should not have sole or joint physical or legal custody.

These cases fundamentally differ from those involving joint or shared 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.

[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 both cases, physical custody is addressed separately — and the terms, «shared» and «joint» mean the same thing.

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.

In the case of legal custody, the going in supposition is that unless you say otherwise, you each have joint custody of the children so less time is typically spent on this in mediation than physical custody.

Perhaps one party has a more demanding job than the other so in this case joint custody by the physical definition may not make sense.

In some cases, a judge orders joint legal custody and joint physical custody separately.

There are cases where joint physical custody is not appropriate.

There are some cases that call for joint physical custody, which involves the child living with both parents for a significant amount of time.

«[T] here was extensive evidence of father attempting to alienate Hannah and Hillary from mother that independently supports the court's disposition in this case [ordering that custody be changed from joint custody to sole legal and physical custody of mother].»

In many cases where joint custody is awarded, both co-parents will share physical custody of the child but only one co-parent will be awarded sole legal custody of the child.

In our survey, the respondents reported that an average of 46 % of their cases involve some form of equal parenting time («joint physical custody,» «shared custody,» or «shared residence,» in which the children spend at least 40 % of their time with each parent).

The initiated state statute would have entitled each parent to joint legal and physical custody of a child in a child custody case, unless one parent was declared unfit based on clear and convincing evidence.

These are clear cases that should not have a presumption favoring joint physical custody and shared parenting time.

While there are formulas within the statute for determining support in these cases, the only requirement that stands when joint physical custody is roughly equal is that the standard of living of the child should not be less than that of the noncustodial parent.

Custody of a child can be divided into legal or physical custody, and a court can award a combination of sole or joint physical custody and sole or joint legal custody in eacCustody of a child can be divided into legal or physical custody, and a court can award a combination of sole or joint physical custody and sole or joint legal custody in eaccustody, and a court can award a combination of sole or joint physical custody and sole or joint legal custody in eaccustody and sole or joint legal custody in eaccustody in each case.

See Eleanor E. Mnookin & Robert Mnookin, Dividing The Child: Social and Legal Dilemmas of Custody 113 (1992)(reporting that in 48.6 % of the 933 California families studied, joint legal custody and sole physical custody was awarded to the mother; sole legal custody and sole physical custody was granted to the mother in 18.6 % of the cases; joint legal custody and sole legal custody was awarded to the father in 6.8 % of the cases; and sole legal and sole physical custody was granted to the father in 1.8 % of the Custody 113 (1992)(reporting that in 48.6 % of the 933 California families studied, joint legal custody and sole physical custody was awarded to the mother; sole legal custody and sole physical custody was granted to the mother in 18.6 % of the cases; joint legal custody and sole legal custody was awarded to the father in 6.8 % of the cases; and sole legal and sole physical custody was granted to the father in 1.8 % of the custody and sole physical custody was awarded to the mother; sole legal custody and sole physical custody was granted to the mother in 18.6 % of the cases; joint legal custody and sole legal custody was awarded to the father in 6.8 % of the cases; and sole legal and sole physical custody was granted to the father in 1.8 % of the custody was awarded to the mother; sole legal custody and sole physical custody was granted to the mother in 18.6 % of the cases; joint legal custody and sole legal custody was awarded to the father in 6.8 % of the cases; and sole legal and sole physical custody was granted to the father in 1.8 % of the custody and sole physical custody was granted to the mother in 18.6 % of the cases; joint legal custody and sole legal custody was awarded to the father in 6.8 % of the cases; and sole legal and sole physical custody was granted to the father in 1.8 % of the custody was granted to the mother in 18.6 % of the cases; joint legal custody and sole legal custody was awarded to the father in 6.8 % of the cases; and sole legal and sole physical custody was granted to the father in 1.8 % of the custody and sole legal custody was awarded to the father in 6.8 % of the cases; and sole legal and sole physical custody was granted to the father in 1.8 % of the custody was awarded to the father in 6.8 % of the cases; and sole legal and sole physical custody was granted to the father in 1.8 % of the custody was granted to the father in 1.8 % of the cases).

In some cases, parents may share joint physical and legal custody, allowing both parents to make medical and legal decisions on behalf of a child while sharing physical custody between them.

Arkansas courts do not favor joint physical custody and judges will not order it unless parents specifically ask for it and can present a compelling case for how they'll make it work.

[FN26] Joint legal custody generally accompanies joint physical custody, but the converse is not always the Joint legal custody generally accompanies joint physical custody, but the converse is not always the joint physical custody, but the converse is not always the case.

Where fathers actively seek custody, they receive primary residency in less than one out of three cases (29 %), and joint physical residency in less than half (46 %).

In shared custody cases, the parents share both legal custody, i.e. they have joint decision - making responsibilities for their children over issues such as their children's health, education, welfare and religion, and physical custody, i.e. each parent has a substantial amount of parenting time with the children.