Parents with
joint physical custody do not generally have significantly less conflict or more cooperative relationships than parents with sole physical custody.
Joint physical custody doesn't necessarily mean that the child spends exactly half the time with each parent.
Joint physical custody does not necessarily mean that both parents get equal time.
Joint physical custody does not mean that both parents have equal time with the child.
Not exact matches
Primarily, the two concepts are different because sole
custody includes legal and
physical custody, while
joint custody does not.
For example,
do you need a clear
joint legal
custody definition so you can understand how it differs from
joint physical custody?
When the legal resolution to these battles is
joint physical custody the battles often don't end in the courtroom.
If parents have
joint physical custody of three children all at different stages of development, an iron clad schedule, of who has the children when,
does not allow for the needs of the individual children.
Joint custody does not necessarily require joint physical
Joint custody does not necessarily require
joint physical
joint physical care.
Joint physical custody is another option if you and your ex don't live too far apart.
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.
Parents may have
joint legal
custody even if they don't have
joint physical custody.
Joint legal custody does not mean that the parents have joint physical custody; it only means that both parents share the right to make decisions affecting the child's education, health, and wel
Joint legal
custody does not mean that the parents have
joint physical custody; it only means that both parents share the right to make decisions affecting the child's education, health, and wel
joint physical custody; it only means that both parents share the right to make decisions affecting the child's education, health, and welfare.
Unlike most states, Massachusetts
does not presume that
joint physical or legal
custody is in the best interest of the child.
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.
Joint legal
custody to both parents
does not preclude sole
physical custody to one parent.
[ANONYMOUS LISTSERVE COMMENT]: «The recommendation involved a
joint physical custody arrangement with an odd contingency... if the mother didn't agree with the recommendation, then the father would automatically get primary residential
custody... this was after the evaluator had outlined numerous reasons why the mother had serious concerns about the father having primary
custody... it appeared that the evaluator had set up the mother to agree to a plan that she had clearly not agreed to during the entire evaluation...» (Florida doctorate - level MHP, January 14, 2007).
If the court order
does not outline any type of shared
physical or
joint legal
custody, the court may not intend to award any form of
custody to the other parent.
Angeline Jolie's filing of sole
physical custody with visitation rights versus
joint custody suggests that the Hollywood mom doesn't want her children to be with their father for very long hours.
Even so, every New York
custody order addresses the concepts of
joint, sole, legal and
physical custody, even if the order
does not discuss the
custody in exactly those terms.
Joint legal
custody does not preclude sole
physical custody to one parent.
However, New York courts will sometimes order a situation that amounts to «
joint physical custody,» even if they don't use those terms to describe it.
The real question you both have to ask yourselves is
does joint custody make sense in the
physical sense?
Alabama child
custody law, Section 30-3-150 requires that «minor children have frequent and continuing contact with parents who have shown the ability to act in the best interest of their children and encourage parents to share in the rights and responsibilities of rearing their children after the parents have separated or dissolved their marriage [but]
joint custody does not necessarily mean equal
physical custody.»
When parents have
joint physical custody — that is, when they share in the caregiving responsibilities for their child — this
does not necessarily mean that time is split 50/50 between both parents.
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.
Joint physical custody has to
do with the day - to - day care of the child and allocates at least 35 % of custodial time to both co-parents.
Legal
custody has statutory liabilities to be aware of even if a parent with
joint legal
custody does not share
physical custody.
(And they
did not find that
joint physical custody was better for children than sole
custody.)
Code 3083, 3084, 3085 (West 1994)(stating that a grant of
joint legal
custody does not necessitate an award of
joint physical custody); Colo..
Some teenagers who live with
joint physical custody arrangements have been
doing so since they were young.
Significantly, it
does not take into account another side effect of
joint custody: the hardship faced by the parent who shoulders the bulk of the financial responsibility by virtue of de facto sole
physical custody, with little contribution from the parent who fails to meet the obligations ordered by the court.
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.
The findings for
joint legal
custody samples indicate that children
do not actually need to be in
joint physical custody to show better adjustment, but it is important to note that
joint legal
custody children typically spent a substantial amount of time with the father as well.
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.
Shared
custody in New Jersey
does not refer to a
joint physical parenting plan in which the children divide their time between their parents» homes.
This is particularly true since the presumption in favor of
joint custody may preclude sufficient analysis of the impact of psychological abuse, or may preclude sufficient analysis of
physical abuse if the abused parent is hesitant to raise the history of abuse or is effectively silenced in the attempt to
do so.
Arkansas law
does not assume that
joint parenting post-divorce is always in the best interests of a child, and courts lean toward one parent having
physical custody and the other having visitation.