Sentences with phrase «legal joint custody of children»
It is possible to have both physical and legal joint custody of children, though joint legal custody is more common.
http://www.louisvillefamilylaw.com/ Not exact matches
Perpetrator of «abuse» can not get sole or joint legal or physical custody a child.
Obtaining a passport for a child under the age of 16 can be tricky for single parents who share joint legal custody.
If an Alabama court determines that domestic violence has occurred, the court will presume that it is not in the best interests of the child to be placed in the sole custody or joint legal or physical custody of the person accused of domestic or family violence.
An Idaho court might award joint physical custody, joint legal custody or both based on what the court believes is in the best interests of the child.
In other words, parents who share joint custody may only share joint legal custody, meaning that they equally share the responsibility for making major legal decisions on behalf of the child.
«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).
The court may award either «sole legal custody» or «joint physical custody» if it is in the best interest of the child.
Parents interested in a joint legal custody arrangement should first consider the level of communication between themselves and the child's other parent.
«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).
A court in Utah will always consider joint physical or legal custody if both parties have completed a parenting plan and if joint custody serves the best interests of the child.
Joint custody reposes in both parents legal responsibility for the care of their children and alternates the physical custody.
Legal precedent and conflicting philosophies regarding joint custody notwithstanding, the ultimate determination still rests upon the best interests of the child.
Full custody allows one parent to have both legal and physical custody of a child, while joint custody allows both parties to share physical and / or legal custody of a child.
Joint custody means the legal responsibility of a minor child is shared equally between the parents, and neither parent has legal custodial rights superior to those of the other parent.
In child custody situations, «joint custody» usually refers to one of two possible scenarios: joint legal and physical custody, or joint legal custody.
New Hampshire: Joint legal custody is presumed to be in the best interests of the child, unless the child has been abused by one of the parents.
Keep in mind; most states prefer awarding joint legal custody based on the best interests of the child.
Example: Mother and Father are divorced, and decide to share joint legal custody of Child, but also agree that Mother should have primary physical custody of Child.
Joint custody refers to the shared physical and / or legal custody of a child after the parents separate or divorce.
Baron's wife Isabella Brewster - sister of «Fast and Furious» star Jordana Brewster - filed for divorce in June and requested primary physical and joint legal custody of their two children.
According to court documents first obtained by TMZ, she filed legal documents on Monday morning, requesting joint legal custody of their six children — she would have physical custody of the children and would grants him visitation.
Under California Family Code § 3080, there is a presumption that joint custody (physical and legal — California Family Code § 3002) is in the best interest of the child.
The judge awarded them joint legal and physical custody of their child.
There are two types of legal custody: (i) «sole legal custody» refers to when only one of the parents has these rights; and (ii) «joint legal custody» is where both parents have the same rights and responsibilities for the major decisions for the child.
Judge Gregory Ross of Sanilac County awarded joint legal custody of the 8 - year - old child to 27 - year - old Christopher Mirasolo, report the Detroit News and the Port Huron Times Herald in a story published by USA Today.
New Mexico and New Hampshire are the only two states in the country that start out all divorce cases with the assumption that joint legal custody is in the best interest of every child.
This weekend it was revealed that Brad Pitt has applied for joint physical and legal custody of his six children.
Like the majority of states, New Mexico approaches divorce with the assumption that joint legal custody is in the «best interest of the child» in every case.
Citing Indiana Code Section 31 -17-2-15, it ruled that because the parents could communicate without being hostile, it would be in the best interests of the children to award joint legal custody, as well as overnight stays on Sundays, and additionally reduced his support payments from about $ 250 a week to $ 150 a week, based on the increased amount of time he was spending with the children and the fact that the mother's pay had increased and the cost of child care had gone down.
Interesting case out of the Tax Court this month: in Trignani v. Canada, [2010] T.C.J. No. 141, the court determined that a man who had joint custody of his child but who was paying net maintenance to the children's mother, was entitled to write of those legal expenses he incurred to pursue his child support claims.
Alaska law also creates a «rebuttable presumption» (a legal assumption that has to be overcome with credible evidence to the contrary) that if an abusive parent has a history of committing domestic violence against the other parent, a child, or even a domestic living partner, the abusive parent must not be awarded sole legal custody, sole physical custody, joint legal custody, or joint physical custody.
The rebuttable presumption means that unless the abusive parent proves otherwise, the court will find that it's in the best interests of the child for the perpetrator parent not to have sole custody, joint legal custody, or joint physical custody of any kind.
Joint legal custody means that both parents have the right to be involved in the raising of the child, including education, health care, religion, etc..
California courts tend to prefer when parents share joint legal and physical custody of their children after a divorce.
Both Kansas and Missouri lean toward joint legal and joint physical child custody, encouraging both parents to work together for the best interests of the children.
The court held a bench trial in June 2012 on the issue of child custody, issuing joint physical and legal custody of the children.
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 cCustody 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 ccustody, with visitation rights for Pitt, while asking the two maintain joint legal custodycustody.
Heltzel v. Heltzel, No. 97 -000316-DM (Michigan Court of Appeals, October 23, 2001): Mother appealed the award of physical and joint legal custody of her child to her parents, the child's maternal grandparents.
Whether move out of state by parent with joint legal custody and primary physical custody would be sufficient to satisfy standard of proof required for modification of child custody orders depends upon facts.
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 parents have joint legal custody and substantially equal periods of physical placement with the child, either parent may file a petition, motion or order to show cause for modification of the legal custody or physical placement order.
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.
After DNA testing established paternity, on Sept. 22, 2017, Judge Gregory S. Ross, 24th Circuit Court Family Division of Sanilac County, MI awarded parenting time and joint legal custody to a convicted sex offender, Christopher Mirasolo, who forcibly raped and threatened to kill the minor child's mother 9 years ago when she was 12 years of age and Mirasolo was 19 years of age.
If a parent awarded joint legal custody and physical care or sole legal custody is relocating the residence of the minor child to a location which is one hundred fifty miles or more from the residence of the minor child at the time that custody was awarded, the court may consider the relocation a substantial change in circumstances.
The court must presume that joint legal custody is in the child's best interests — that is, both parents have decision - making authority, unless there is evidence of interspousal battery or domestic abuse.
In regards to the marriage of Roger E. Thompson (Petitioner / Appellant) and Tanya F. Thompson (Respondent / Appellee), under Arizona Revised Statute 25 - 408, a parent granted joint custody and legal decision making or parenting time is granted the right to a minimum of 60 days of advanced notice prior to a relocation of the minor child by the other parent «more than 100 miles within the state.»
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.
Joint legal custody of children is normally inappropriate in parallel parenting situations.
Joint custody can either be physical (the children physically live with each parent for a portion of the time), legal (children live with one parent but both parents are equally responsible for making major parenting decisions), or a combination of both.