Two other jurisdictions
make joint custody presumptive only if the parties agree to it.
That's the way it was and that's the way it will continue to be under [the amendment that would
make joint custody presumptive].»
If you and the other parent can
make joint custody work, it will benefit your child.
Here are some tips on how
you make a joint custody agreement work for all parties involved:
With an ever increasing legal trend toward joint custody or mutual custody, fathers need to know what it takes to
make joint custody a good solution for them, their kids and their kids» mom.
«Even the most contentious parents can
make joint custody work with highly structured visitation schedules,» he says.
While the law favored joint custody, unless the parents agreed on a different arrangement, judges could consider a number of factors that might
make a joint custody arrangement unfeasible.
How to
Make Joint Custody Work by Dat To Joint child custody can be a real challenge for many... Read More»
With an ever increasing legal trend toward joint custody or mutual custody, fathers need to know what it takes to
make joint custody a good solution for them, their kids and their kids» mom.
After talking to many fathers personally, by email and in the person, I have found five important keys to
making joint custody work.
Find out how other dads have
made this joint custody situation a positive for all concerned.
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.
It's not just the potential conflict which
makes joint custody a bad choice for kids, although «conflict» makes a handy scapegoat to explain away why the theory doesn't pan out in reality.
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.
Specifically such measures as
making joint custody plans the preferred method of settling these cases.
Prior to
making a joint custody determination, a court will consider the following factors:
From another study frequently touted by the fathers» rights advocates as supporting joint custody: «The author cautions courts... against
making joint custody mandatory, naming several situations in which such a blanket decision would be deleterious.
Sole custody went to the mother because the conflict between the parents
made joint custody unworkable.
This is yet another case where the court found that conflict between the parties
made joint custody unworkable.
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...
If your request to change your family's
joint custody holiday schedule comes on top of five other recent schedule changes, initiated by you, then you're probably going to have a more difficult time
making your case.
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.
When
making a determination for
joint custody, the court will consider the following factors:
Because legal decisions will be
made jointly, parents who win
joint legal
custody need to discuss important issues affecting their child's well - being on a regular basis.
If both parents request it,
joint custody will usually be ordered unless the Court
makes a specific finding as to why it should not be so ordered.
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.
Parents should work together to
make the transition to
joint custody as seamless as possible for a 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.
If the court awards
joint custody, both parents must jointly
make decisions concerning the child's health, education and medical needs.
Joint legal
custody allows both parents to
make legal decisions for a child such as choosing schools and doctors.
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.
Of course many external factors can
makes this challenging, including how far away they live, blended families, and
joint custody circumstances.
Cordell & Cordell's lawyers say some states have changed the language of their statues from «sole
custody» and «
joint custody» to terminology such as «parenting time» or «legal decision -
making.»
One of the best ways to
make a successful
joint custody arrangement work is by documenting your schedule using a parenting plan.
violates the
joint custody agreement, a court may utilize the parenting plan as evidence of the specific
joint custody arrangements
made between the parents.
You should be aware, as well, that many states either
make no presumption of
custody based on whether the father is on the birth certificate or presume
joint custody even in cases where the parents were never married.
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.
Whether it is practical for both parents to participate in decision
making (for example, sharing
joint custody in different time zones can be challenging logistically)
If one parent in a
joint legal
custody arrangement takes decision -
making powers away from the other parent (perhaps by
making unilateral decisions about a child's education), the other parent can go back to court to get a judge to enforce the
joint legal
custody order.
If both parents have
joint legal
custody, then intentionally excluding the other parent in the decision -
making process may be considered contempt of court.
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.
Prior to
making a decision about
joint custody, the court will consider whether both parents agree to a
joint physical
custody arrangement.
Parents should try to
make an agreement regarding child support in
joint custody arrangements.
Placement determines where the child or children will live, but
joint custody gives each of the parents equal rights in decision -
making.
He is a CRNA
making 135K paying $ 1500 in child support (
joint custody).
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).
(1) «
Joint custody» means both parents have equal rights and responsibilities for major decisions concerning the child, including the child's education, medical and dental care, extracurricular activities, and religious training; however, a judge may designate one parent to have sole authority to
make specific, identified decisions while both parents retain equal rights and responsibilities for all other decisions.
Joint legal
custody is when both parents share in the responsibility and right to
make decisions for their child.
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.
These are typically subsets of
joint custody where both parents share decision
making rights.