The judge will decide at trial which parent should have sole physical custody, since an out - of - state move would
make joint physical custody impossible.
Last year Kentucky passed a law
making joint physical custody and equal parenting time the norm in all temporary orders before a divorce is finalized.
Not exact matches
Prior to
making a decision about
joint custody, the court will consider whether both parents agree to a
joint physical custody arrangement.
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.
Joint Physical Custody •
Joint Legal
Custody (Decision
Making) • Parenting Time • Visitation Schedules --
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.
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 can mean either joint legal custody, where the parents share decision making power, or joint physical custody, where the child divides his or her time between each parent's home, or
Joint custody can mean either
joint legal custody, where the parents share decision making power, or joint physical custody, where the child divides his or her time between each parent's home, or
joint legal
custody, where the parents share decision
making power, or
joint physical custody, where the child divides his or her time between each parent's home, or
joint physical custody, where the child divides his or her time between each parent's home, or both.
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.
The court may order
joint custody — both parents share
custody — or sole
custody to one parent, and must decide
joint or sole
custody as to both legal
custody (the right to
make decisions about a child's welfare) and
physical custody (the right to have a child live with you).
In Colorado, the term «shared
custody» refers to shared
physical living arrangements, and the term «
joint custody» refers to shared decision
making.
In such a scenario,
joint custody pertains only to a sharing of the decision -
making responsibilities whereas
physical care is determinative of the living arrangements.
Sole legal
custody is an arrangement in which one parent has sole authority to
make decisions about the child, even though the parents may still share
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.
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.
If you have
joint physical custody, the court will have to reweigh the Albright factors discussed above before
making a new
custody determination.
The court may order sole legal
custody with shared
physical custody,
joint legal
custody with sole
physical custody or
make other
custody arrangements.
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!»
When parents share
custody, relocating may
make it difficult to share in decision -
making, and
joint physical custody may be impossible.
Dr. Holstein estimates that shared /
joint physical custody arrangements
make up less than 20 % of all
custody orders.
The real question you both have to ask yourselves is does
joint custody make sense in the
physical sense?
Perhaps one party has a more demanding job than the other so in this case
joint custody by the
physical definition may not
make sense.
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.
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.
Legal
custody is extremely important because the non-custodial (secondary
physical custody) parent can't be cut from the decision
making process if he / she has
joint custody.
Prior to
making a decision about
joint custody, the court will consider whether both parents agree to a
joint physical custody arrangement.
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.
[FN181] Nevertheless, the alternative of no access to this type of public benefit in one of their dwellings under a
joint physical custody arrangement
makes the lives of children living in poverty even more tenuous.
In some cases, parents may share
joint physical and legal
custody, allowing both parents to
make medical and legal decisions on behalf of a child while sharing
physical custody between them.
[FN184]
Joint legal or
physical custody, on the other hand, forces mothers who in fact have been responsible for the children to
make concessions in order to continue to raise them.
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.
If parents have
joint legal
custody but one parent has sole
physical custody, this means that both parents
make decisions for the child, but one parent is the primary
physical caregiver.
The D.C. Court of Appeals recently
made the distinction that
joint legal
custody refers to long - range decisions, and
physical custody refers to control over the child and decisions related to immediate control.
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.
In shared
custody cases, the parents share both legal
custody, i.e. they have
joint decision -
making responsibilities for their children over issues such as their children's health, education, welfare and religion, and
physical custody, i.e. each parent has a substantial amount of parenting time with the children.