In my view, the legislature made a small effort to create an opening for
a noncustodial joint parent to have more available parenting time.
Not exact matches
(A) when a court orders sole custody to one
parent, the custodial
parent, except in cases of abuse, neglect, or abandonment, should facilitate opportunities for reasonable telephonic and electronic communication between the minor child and the
noncustodial parent, as appropriate, as provided for by court order if the court determines that this type of communication is in the best interest of the child; and (B) when a court orders
joint custody to both
parents, each
parent should facilitate opportunities for reasonable telephonic and electronic communication between the minor child and the other
parent, as appropriate, as provided for by court order if the court determines that this type of communication is in the best interest of the child.
If the
parent proposing to move has sole or
joint legal custody of the child and the child resides with that
parent for the majority of time, the
noncustodial parent can attempt to stop the move by filing paperwork with the court.
According to research, about half of all children in
joint physical custody see both
parents at least weekly, compared to one in 10 children in traditional custody arrangements (custodial mother,
noncustodial father).
The New York guidelines show a monthly support that is based on the the percentage that the
noncustodial parent contributes to the
joint parental income.
And
joint legal custody, or shared custody, with one
parent remaining as the primary physical custodian does little to alter the amount of time a child spends with the
noncustodial parent, and does a lot to create control conflicts between
parents who continue to harbor resentment stemming from the failure of the marriage.
On the strength of these propositions, state legislatures and family courts mobilized to support shared
parenting through
joint custody, «friendly
parent» provisions, and generous visitation for
noncustodial parents.
Some provisions in
joint legal custody laws require a minimum visitation period for the
noncustodial parent that can be limited only when there is a threat of physical harm to the child.
Note to
noncustodial mothers who in desperation now support
joint custody: you're supporting the most likely reason that today you are a
noncustodial parent.)
If the
noncustodial parent in a
joint custody arrangement wants to move without the child, he must file a motion with the court detailing the circumstances and reasons for the move and provide at least 60 days notice to the other
parent.
However, because
joint legal custody covers only the sharing of decision - making between
parents, it does not necessarily need to be modified to suit the best interests of the child when the
noncustodial parent moves.
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.
However, if minor children are involved, Arizona places restrictions on a
noncustodial parent's ability to modify
joint physical custody following a move.
While there are formulas within the statute for determining support in these cases, the only requirement that stands when
joint physical custody is roughly equal is that the standard of living of the child should not be less than that of the
noncustodial parent.