Legal and physical custody arrangements in recent divorces.
Not exact matches
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.
The most common
arrangement is one in which one parent has sole
physical custody, both parents have
legal custody,
and the noncustodial parent is granted visitation time.
When we refer to «sole
custody,» we are typically referring to a court ordered
arrangement wherein one parent has both
legal and physical custody of the child.
Most modern
custody arrangements give
physical custody to one parent (called the «custodial» parent)
and grant visitation rights
and shared «
legal custody» to the non-custodial parent.
In true «joint
custody»
arrangements, parents share equal «
legal custody»
and «
physical custody» rights.
Kansas judges deciding
custody cases must determine «
legal custody,» which refers to the responsibility to make educational, medical
and other major decisions for a child,
and «
physical custody,» meaning the child's living
and visitation
arrangement with the parents.
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.
Sole
custody refers to a
custody arrangement where one parent has both
legal and physical custody of the child.
Legal custody does not generally describe the child's living
arrangements; rather,
physical custody establishes where the child will live
and who can spend time with her.
Child
custody arrangements in North Carolina dictate the terms of
physical and legal custody of children.
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.
During a divorce, California courts determine
custody arrangements for the divorcing couple's children, splitting both
physical custody (who the child lives with)
and legal custody (who makes important decisions for the child).
When parents divorce or are unable to agree on a
custody arrangement, the court will make a determination as to which parent will have
legal and physical custody.
Once a court issues an order for joint
legal and physical custody, both parents must make
legal custody decisions together
and adhere to the
physical custody arrangements.
Since Kentucky favors joint
custody arrangements over sole
custody, where one parent has
physical custody,
legal custody or both, 50/50 parenting time
arrangements are not uncommon
and may come in various forms.
During the initial stages of the divorce proceedings, before the court issues orders to modify the child
custody arrangements, both parents typically continue to share
legal custody and physical custody of the child.
In a joint
custody arrangement, parents share
physical and / or
legal custody of a child; whereas, in a full
custody arrangement, one parent has sole responsibility for a child.
Further, as respecting possible modification, because of past issues of the defendant failing to comply with orders of the court; providing token compliance with orders of the court while ignoring the spirit
and intent of the orders (including the orders dated December 1, 2010); the defendant's lengthy pattern of contemptuous conduct; the expenses
and financial waste caused by the defendant; the substantial financial drain on the resources of the plaintiff
and the guardian ad litem caused by the defendant; the pattern of parental alienation; prior false reports of abuse
and / or neglect to governmental entities;
and the need for repose on the part of the minor child, it is anticipated that in addition to satisfaction of the foregoing conditions, no modification motion is permitted to be filed by defendant regarding the sole
physical and / or sole
legal custody arrangements, except in the case of the plaintiff's total
and permanent disability as determined by the Social Security Administration, unless the following conditions are satisfied...» Eisenlohr v. Eisenlohr, 2011 WL 1566201 at * 4 (Conn.Super.).
Much more common than true joint
custody arrangements (where both
physical and legal custody are shared) is «joint
legal custody,» in which both parents share the right to make long - term decisions about the raising of a child
and key aspects of the child's welfare, with
physical custody awarded to one parent.
Every situation is different, so it is possible that parents may be in an
arrangement where both parents have joint
legal custody,
and only one parent is granted sole
physical custody (or vice versa).
A sole
custody arrangement gives only one parent
legal and / or
physical rights
and responsibilities, while a joint
custody arrangement gives both parents shared rights
and responsibilities.
New Hampshire courts have a tendency to prefer a joint
legal custody arrangement and joint
physical custody, if not ample visitation time to a non-custodial parent.
In California, the
legal presumption is that parents will have joint
physical custody and joint
legal custody of children — a truly shared
arrangement — unless one parent proves that this wouldn't be good for the children.
THE JOINT
CUSTODY ADVOCATES CLAIM: Lerman, Isabel A. «Adjustment of latency age children in joint and single custody arrangements» California School of Professional Psychology, San Diego, 1989 This study evaluated 90 children, aged 7 to 12, divided equally among maternal, joint legal, and joint physical custody
CUSTODY ADVOCATES CLAIM: Lerman, Isabel A. «Adjustment of latency age children in joint
and single
custody arrangements» California School of Professional Psychology, San Diego, 1989 This study evaluated 90 children, aged 7 to 12, divided equally among maternal, joint legal, and joint physical custody
custody arrangements» California School of Professional Psychology, San Diego, 1989 This study evaluated 90 children, aged 7 to 12, divided equally among maternal, joint
legal,
and joint
physical custody custody groups.
A court will generally agree to joint child
custody arrangements when parents are able to work together to make
legal custody decisions
and physical custody arrangements that benefit the child.
There are two types of
custody arrangements in Massachusetts:
legal custody and physical custody.
A typical shared
custody arrangement may have both parents sharing
physical and legal custody, where one parent has the child during the week
and the other parent during the weekend.