After frequent visitation while your child is an infant, you can transition to
more of a joint custody arrangement when she is old enough to divide her time more easily between your homes.
Not exact matches
While these side benefits should never be the primary reason to choose
joint physical
custody, they're worth considering if you're having trouble looking on the bright...
MORE side
of a court - ordered
joint custody arrangement.
So before you push back and ask the courts to review your case one
more time (in the hopes
of winning sole
custody), consider the unexpected benefits you can expect to enjoy once you all get used to the changes brought on by a
joint custody arrangement.
In T.K. the Court
of Appeal recognizes that it is
more problematic to extend «respect» to the stated reasons for a move in cases where there has been no previous determination with respect to
custody, or where there is a pre-existing
joint custody order or de facto
joint custody / shared residency
arrangement.
In recent years, the label
of shared /
joint physical
custody has become
more commonly used in describing a parenting
arrangement; however, actual 50 - 50 sharing
of the child is still NOT the norm or most common parenting plan the court adopts or that parents choose.
While this is
more of a kidnapping case it can still happen in a
joint custody arrangement in which the parent leaves the country with the child.
Parents also reported higher satisfaction with
joint custody arrangements, and parents who were ordered to pay child support were
more likely to do so when they shared
custody of their children.
In
joint legal
custody arrangements, noncustodial parents may be
more likely to pay child support than parents who do not have
joint legal
custody of their children.
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.
If parties have a
joint custody arrangement, the parent seeking modification
of custody must show how both parents are unable to cooperate with one another and agree on the best interests
of the child; thus, sole
custody would be a
more appropriate
arrangement.
To say that
joint custody «is associated with» reduced parent conflict is to ignore that
more amicable parents would be
more likely to voluntarily choose this
arrangement (whereas the dataset
of sole
custody homes would include, among others, most
of the families with severe abuse issues.)
While there is much spindoctoring
of isolated and arbitrarily selected findings claiming here or there to discover benefits or «no difference» between child wellbeing outcomes in
joint versus sole
custody, these are specious, and overall, children do far better in
more traditional
arrangements.
However, the above study used a ridiculously tiny sample
of 14 children who reported spending
more time with their fathers in
joint custody arrangements.
While a number
of researchers purport to have found relitigation rates lower following mediated decisions, or (primarily in early studies) in
joint custody arrangements, not one
of these studies appears to have corrected for (in the first case) the reality that negotiated agreements are not as legally amenable to modification as court orders, or (in both cases) that couples who achieved accord in mediation, as well as those who voluntarily chose early
joint custody arrangements were already relatively
more amicable couples.
If you can't satisfy New Jersey's criteria for
joint custody, this doesn't rule out shared
custody, and New Jersey judges are much
more willing to order this type
of arrangement.
[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.
Another example raises the question
of what influences advocacy, this one from a woman lawyer and AFCC activist who inexplicably lobbies for
joint custody and father's rights (and
more therapeutic jurisprudence in the courts) even though the
arrangement worked for neither herself as a child, nor, ultimately, her own daughter: [ANONYMOUS LISTSERVE COMMENT]: «In personal life, we learn things about the day to day realities too, that influence the lenses through which we see life.
Michigan law provides that a parent who is subject to a
joint child
custody arrangement may not move
more than 100 miles from his or her current home without the consent
of the other parent or the approval
of the court.
If there is
joint physical
custody but the child is living much
more of the time with one parent than the other, would the parents need to change the child support
arrangements to reflect the actual
custody arrangements?