However being informed that the bill had been enacted and being aware that various groups had been agitating for a law that
made joint custody of children South Carolina's default position, I decided to review the bill.
Not exact matches
Among them are the rights to: bullet
joint parenting; bullet
joint adoption; bullet
joint foster care,
custody, and visitation (including non-biological parents); bullet status as next -
of - kin for hospital visits and medical decisions where one partner is too ill to be competent; bullet
joint insurance policies for home, auto and health; bullet dissolution and divorce protections such as community property and
child support; bullet immigration and residency for partners from other countries; bullet inheritance automatically in the absence
of a will; bullet
joint leases with automatic renewal rights in the event one partner dies or leaves the house or apartment; bullet inheritance
of jointly - owned real and personal property through the right
of survivorship (which avoids the time and expense and taxes in probate); bullet benefits such as annuities, pension plans, Social Security, and Medicare; bullet spousal exemptions to property tax increases upon the death
of one partner who is a co-owner
of the home; bullet veterans» discounts on medical care, education, and home loans;
joint filing
of tax returns; bullet
joint filing
of customs claims when traveling; bullet wrongful death benefits for a surviving partner and
children; bullet bereavement or sick leave to care for a partner or
child; bullet decision -
making power with respect to whether a deceased partner will be cremated or not and where to bury him or her; bullet crime victims» recovery benefits; bullet loss
of consortium tort benefits; bullet domestic violence protection orders; bullet judicial protections and evidentiary immunity; bullet and more...
Here is the reality
of my divorce: Despite the fact that the court appointed
custody evaluator ruled parenting during the marriage was
joint, a vocational evaluation that concluded my ex-wife could
make just as much money as me,
joint custody of the
children post marriage (although in reality they were with me much more often), pretty good evidence my ex-wife committed fraud and perjury and absolute evidence her lawyer maliciously lied in court, I am required by the court to pay her a massive amount
of alimony until he day I die.
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.
A family court's award
of joint custody will determine where the
child will physically live and when, and the court will also
make a determination regarding how major decisions regarding his health, education, and religious needs will be
made.
At the time
of this writing, courts in Clark County, Nevada, favor
joint custody unless one
of the parents lives at too far
of a distance from the
children's schools to
make it feasible to transport them there several days per week.
The court primarily considers the best interests
of the
child when
making custody decisions, and the state has gone on record that it believes
joint custody is in a
child's best interests.
An order for
joint custody may specify one home as the primary residence
of the
child and designate one parent to have sole power to
make decisions regarding specific matters while both parents retain equal rights and responsibilities for other matters.
Placement determines where the
child or
children will live, but
joint custody gives each
of the parents equal rights in decision -
making.
In Vermont, the court first determines what
custody and visitation schedule is in the best interests
of the
child, and then
makes an order for
joint custody (both parents) or sole
custody (one parent).
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.
Such interim orders contained provisions stating that the plaintiff and the defendant shall have interim
joint custody and guardianship, that the primary address
of the
children shall be the defendant's address, that for the purpose
of access arrangements the plaintiff shall promptly inform the defendant
of her monthly work schedule, and the defendant shall
make efforts to ensure the
children spend equal time with both the plaintiff and the defendant and, upon receipt
of such work schedule, draw a calendar setting out parenting time for each parent for the coming month, and that the plaintiff shall be allowed to travel to Japan with the
children from November 2, 2002 through November 18, 2002.
For example, while parents may have «
joint custody» (
joint decision
making ability) the
children may actually reside primarily with one parent for most
of the time and a
child's residence is determinative
of who will be the Payer or Recipient,
of child support.
If the
child regularly spends time with each parent, but communication problems between the parents
make joint decision -
making impossible, courts will occasionally allow a form
of joint custody called «parallel parenting.»
The court may award
joint custody, where the parents share decision -
making for the
children, or sole
custody, one parent having control over and parental responsibility for the care, upbringing and education
of the
child.
When parents have
joint custody, they have equal decision
making rights, although one parent may have physical
custody of the
child significantly more than the other parent.
«
Joint custody» means both parents
make all the key decisions affecting the
child, and the
child lives with both parents, although not necessarily for an equal period
of time.
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.
Joint Custody: The parents both have the rights and responsibilities to
make decisions about the
child (ren), which are in the best interests
of the
child.
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.»
Joint custody is one
of the best decisions that the court can
make because there is less emotional strain on the
child than in other
child custody agreements.
Instead
of each parent sharing the decision -
making for their
child in every respect as in a traditional
joint custody arrangement, in a parallel parenting regime, parents assume full decision -
making responsibility for different domains.
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.
Your argument should focus on what has changed in either your or the other parent's life since the time
of the original order that
makes having a
joint custody arrangement in the best interest
of the
child.
Joint legal
custody is usually ordered by the court to give parents equal say regarding important decisions
made on behalf
of the
children.
The two primary types
of legal
custody, which is determined either by agreement between parents or by order
of a judge, are
joint legal
custody, which is an arrangement where both parents share the rights to
make the major decisions for their
child, and sole legal
custody, which is when one parent can
make these decisions without input from the other parent.
There is typically one circumstance during the court case which
makes the
child custody issues easier: if the parents decide they are willing to have
joint custody of the
children.
A parent who does not have
joint or sole legal
custody of his
child can
make these kinds
of decisions without consulting the other parent while his
child is visiting with him.
Gather evidence
of whatever circumstance exists that
makes you think your
child's other parent isn't fit to have full or
joint custody.
Not all states automatically grant
joint custody requests from parents, particularly if they can not get along well enough to
make such an arrangement work, but courts often will do so if you can prove that the
custody terms are in the best interests
of your
child.
Although parents may share the right to
make parenting decisions through
joint custody, the
child primarily lives in the home
of the parent with residential
custody.
The court may award
joint physical or legal
custody, allowing the parents to share the responsibilities for taking care
of or
making decisions for the
child.
Ohio courts generally prefer
joint legal
custody arrangements, in which parents share decision -
making authority but one parent provides the
child's primary place
of residence.
Missouri courts usually prefer
joint custody and equal property division, but
making your spouse's adultery an important issue in the divorce proceeding can impact parts
of your case, including financial aspects like property division, spousal maintenance, attorney fees and maybe even
child custody and visitation.
While the courts» primary guideline in
making their
custody arrangement is the best interests
of the
child, the courts» priority is determining which parent is capable
of providing what is best for the
child and the practicality
of joint custody.
«
Joint legal
custody» means that both parents shall share the right and the responsibility to
make the decisions relating to the health, education, and welfare
of a
child.»
What
joint custody does is REDUCE the amount
of time and attention a
child receives from its primary parent (who we now refer to as the custodial parent — CP), to be
made up, presumably, by the other parent.
Joint legal
custody is a court order that ensures each parent has an equal right in
making decisions regarding routine medical issues, education, and any other area that affects the welfare
of the
child.
Earlier studies
of shared parenting, which tended to reach positive conclusions, used samples composed
of couples who were highly motivated and committed to
making joint custody work for their
children.
There are a variety
of joint custody arrangements available, but — at minimum —
joint custody means parents share in decision -
making regarding the
child.
While some fathers may take little interest in their
children, the main causes include failure
of the courts to award
joint physical
custody, failure to award significant parenting time («visitation»), failure to enforce the parenting time that has been ordered, readiness to curtail contact between fathers and
children when estranged wives
make any allegation,
child support orders that require fathers to work two or three jobs, thus leaving no time for parenting, moveaways, and other factors.
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!»
Joint legal
custody refers to the shared responsibility, regardless
of where the
children are living, for
making such major decisions as where they will go to school and what their religious upbringing will be.
In Missouri,
joint legal
custody allows both parents to equally share in
custody decision -
making rights and responsibilities, including matters
of education, health care and the
child's general welfare.
In
joint legal
custody arrangements, parents share equally in decision -
making responsibility for a
child but may not necessarily spend equal amounts
of time with them.
With
joint legal
custody, you might find that your
children live with you and have visitation with your ex, but the two
of you must cooperate to
make major decisions on their behalf.
Title 25, Chapter 4, Article 1, A.R.S. Section 25 - 403.02 defines the essentials
of the parenting plan, which includes each parent's rights and responsibilities in terms
of personal care and decision
making in the areas
of education, healthcare and religion; a detailed schedule
of the physical residence
of the
child throughout the year; prescribed courses
of action when changes need to be
made to the agreement or if the agreement is broken by one party; and a statement from both parties acknowledging that
joint custody is not defined by equal parenting time.
Dad relied on the principles
of Beck v. Beck, 86 N.J. 480 (1981), which defined
joint legal
custody as giving both parents equal decision -
making regarding their
children's care, education and welfare.
You and your spouse can share
joint legal
custody where both
of you contribute to
making major decisions for your
children, or you can request sole legal
custody, where you're the only parent to
make such decisions.