Sentences with phrase «not award joint custody»

In cases where the court does not award joint custody, sole custody with generous visitation is an alternative that allows both parents to be involved.

In Arizona, judges generally will not award joint custody when one parent has a DUI on his record.

Not exact matches

Remember, too, that the court can award joint custody even if that's not what you're asking for at this time.

For example, if either parent has been convicted of domestic violence, the court will usually presume that he or she should not be awarded joint custody.

If there is no agreement or if the agreement is not in the best interests of the child, the court shall award joint custody, unless custody by one parent is shown by clear and convincing evidence to serve the child's best interests.

Section 63-15-230 allows the court to award either joint or sole custody as it sees fit but does not express a preference between either.

A Michigan judge says he was not aware he had awarded joint legal custody of a boy to a father accused of raping the boy's mother when she was...

Thus the family court did not err when awarding sole custody of the children to the mother and specifically declining to award joint custody.

Alaska law also creates a «rebuttable presumption» (a legal assumption that has to be overcome with credible evidence to the contrary) that if an abusive parent has a history of committing domestic violence against the other parent, a child, or even a domestic living partner, the abusive parent must not be awarded sole legal custody, sole physical custody, joint legal custody, or joint physical custody.

However, the Court of Appeals affirmed the family court's decision not to award Husband joint custody.

In 2012 our legislature enacted S.C. Code § 63-15-230 (C), which reads, «If custody is contested or if either parent seeks an award of joint custody, the court shall consider all custody options, including, but not limited to, joint custody, and, in its final order, the court shall state its determination as to custody and shall state its reasoning for that decision.»

Joint residential custody may be awarded when parents request it, but Kentucky takes the general position that it's not in a child's best interests to bounce back and forth between parents» homes on a consistent, regular basis.

If the other parent doesn't agree, consider this; Courts generally don't like to award sole custody to one parent without substantial evidence that joint custody is not in the child's best interest.

More than 30 states now have statutes specifically authorizing joint custody awards, and most states now hold that a court's authority to award joint custody does not depend upon the parties that request it.

Regardless of each state's position for or against a presumption or preference in favor of joint custody and whether or not it has been specifically authorized, overall there appears to be a growing trend in favor of joint custody and more and more bills are being introduced to adopt a presumption that joint custody is in the best interest of the child unless certain circumstances apply (such as convincing evidence that a parent is unfit or that it would not be in the best interest of the child to award joint custody).

Unless a parent can prove it is not in the best interest of the child, the court usually will award joint physical custody to the parents.

More than 30 states now have statutes specifically authorizing joint custody awards, and most states now hold that the courts authority to award joint custody does not depend upon whether the parties request it.

If the court order does not outline any type of shared physical or joint legal custody, the court may not intend to award any form of custody to the other parent.

Joint custody is deemed favorable, however, this may not always be awarded if parents can not get along and the child is at risk with one of them.

Joint custody may be not always be awarded in cases where the child's well - being is at risk with one of the parents.

Joint physical custody awards both parents a substantial amount of time in which the child resides with them, under their supervision; however, this time will not necessarily be exactly equal.

Regardless of whether the law in your state authorizes joint custody of a pet or not, fighting to become the sole owner of your pet will require you to persuade the judge that s / he should award the pet to you.

A California court does not start with the presumption that it must award joint custody to both parents.

Generally, when one parent is awarded sole or primary physical custody, it is not uncommon for the court to order joint legal custody to both parents.

«After hearing all of the evidence, the trial court found that the joint - custody arrangement was not working and that primary custody should be awarded to one of the parties.

If a Connecticut family court does not order joint custody, it may order alternative custody arrangements, such as awarding sole physical custody to one parent with appropriate visitation for the child with the non-custodial parent.

For example, if either parent has been convicted of domestic violence, the court will usually presume that he or she should not be awarded joint custody.

North Carolina statutes do not define joint custody and rarely award joint custody to both parents of minor children.

Code 3083, 3084, 3085 (West 1994)(stating that a grant of joint legal custody does not necessitate an award of joint physical custody); Colo..

Joint 50/50 Custody should be awarded to both parents by default at the time of birth and a parent should not have to go about knocking on the courts to award cCustody should be awarded to both parents by default at the time of birth and a parent should not have to go about knocking on the courts to award custodycustody.

«If we are serious about the best interest of the child being the principle that comes first, if that's the primary consideration in awarding custody, then we ought not to have a rebuttable presumption in favor of joint custody.

[FN67] While such eventualities would not necessarily preclude a joint custody award, they do underscore the difficulty of imposing interaction implicit in the marital relationship upon parties who are not in that relationship.

If the marriage ends in divorce, the legal father — not the biological father — could be granted physical or legal custody of the child, awarded joint custody, or ordered to pay child support, to name a few potential outcomes.