The tax consequence
of a joint physical custody arrangement is yet another piece of the financial framework that should be addressed if joint custody is to be ordered.
Parents who are interested in winning joint physical custody should be clear about what kind
of joint physical custody arrangement is requested.
I am in favor
of joint physical custody arrangements, but only when both parents are able to work together and have their children's best interest at heart.
Some examples
of joint physical custody arrangements are:
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.
Depending on how you arrived at sharing
joint physical custody with your ex, you may not be thinking about the «rewards»
of this child
custody arrangement has to offer.
Whether it is
physical custody,
joint custody, visitation or another
arrangement, we put our years
of legal know how to work for you at the negotiating table or at trial, if necessary.
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.
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.
Joint physical custody is a shared
physical custody arrangement of the children, where the intention is that the children spend significant periods
of time with each parent, such as alternating weeks between mother and father.
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).
Absent a
joint custody agreement by the parents that includes an unequal
physical custody arrangement, a judge is now required to order
joint custody with an equal amount
of parenting time, regardless
of where the parent lives, unless one parent is ruled to be unfit.
Courts can award
joint physical or legal
custody in a 50 - 50 split, but courts may avoid this type
of arrangement since it can be difficult for parents to get along enough to split a child's decisions or time equally.
Even if one
of you has sole legal
custody, you can still have an
arrangement for either sole
physical custody or
joint physical custody.
This article will examine recent decisions concerning the relocation
of the custodial parent in sole or primary
physical custody arrangements as well as the proposed relocation
of a parent in cases involving a
joint custodial
arrangement, including both
joint legal
custody and
joint physical custody.
The child
custody arrangement can be in the form
of legal
custody,
physical custody, sole
custody, or
joint custody.
The specific
arrangements depend entirely on the best interests
of the child, but
joint physical custody always means that each parent gets substantial time with the child rather than just a few days
of visitation.
In many Western countries, an increasing number
of children with separated parents live in a
joint physical custody arrangement, that is, live equally (or close there to)... Continue reading →
The court may award one
of three types
of custody arrangements:
joint legal
custody to both parents, where one parent is responsible for residential
custody;
joint physical custody, where both parents provide homes for the child; or sole
custody to one parent with visitation, also called «parenting time,» allowed to the non-custodial parent.
These cases hinge on whether the parties actually share
physical custody of the child; a
joint legal
custody arrangement with one party acting as the primary
physical custodian is not generally sufficient to invoke this higher standard
of review.
For the purposes
of clarifying some
of this confusion, let's take a moment to go over the differences between
joint legal and
joint physical custody, as well as some
of the many ways choosing a
joint physical custody arrangement can help both you and your children.
Missouri law recognizes a variety
of custody arrangements, including
joint legal
custody, sole legal
custody,
joint physical custody or sole
physical custody.
Dr. Holstein estimates that shared /
joint physical custody arrangements make up less than 20 %
of all
custody orders.
In simplest
of terms,
joint physical custody is an
arrangement in which both parents share equal rights in terms
of time and contact with their children.
Joint physical custody is an
arrangement in which parents each have extended periods
of time with the children.
It's primarily about economic well - being, but: «Children living with both biological parents reported higher levels
of life satisfaction than children living with a single parent or parent / step - parent... Controlling perceived family affluence, the difference between
joint physical custody families and single mother or mother / stepfather families became non-significant... [and] children in the Nordic countries characterised by strong welfare systems reported significantly higher levels
of life satisfaction in all living
arrangements except in single father households.
When children divide time between the residences
of both parents, either equally or substantially equally, the
arrangement is considered to be
joint residential or
joint physical custody.
In a
joint custody arrangement, parents share
physical and / or legal
custody of a child; whereas, in a full
custody arrangement, one parent has sole responsibility for a child.
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.
A
joint custody or shared
custody arrangement allows parents to share
physical custody of the child.
In a
joint physical custody arrangement, both parents share the responsibility
of the day - to - day routine and caring for the child, and the child resides in both parents» homes.
If
joint legal or
physical custody is not a good fit for a family, a judge will order a different type
of arrangement.
Approximately one third
of the children were in
joint physical custody arrangements averaging 12 days per month with the less - seen parent, with the others in either mother or father sole
physical custody averaging 4 days a month with the less - seen parent.
In California, the legal presumption is that parents will have
joint physical custody and
joint legal
custody of children — a truly shared
arrangement — unless one parent proves that this wouldn't be good for the children.
THE FATHERS» RIGHTS ADVOCATES POINT TO: Wilkinson, Ronald Richard, «A Comparison
of Children's Post-divorce Adjustment in Sole and
Joint Physical Custody Arrangements Matched for Types
of Parental Conflict» Doctoral dissertation, 1992; Texas Woman's University.
THE
JOINT CUSTODY ADVOCATES CLAIM: Lerman, Isabel A. «Adjustment of latency age children in joint and single custody arrangements» California School of Professional Psychology, San Diego, 1989 This study evaluated 90 children, aged 7 to 12, divided equally among maternal, joint legal, and joint physical custody gr
JOINT CUSTODY ADVOCATES CLAIM: Lerman, Isabel A. «Adjustment of latency age children in joint and single custody arrangements» California School of Professional Psychology, San Diego, 1989 This study evaluated 90 children, aged 7 to 12, divided equally among maternal, joint legal, and joint physical custody
CUSTODY ADVOCATES CLAIM: Lerman, Isabel A. «Adjustment
of latency age children in
joint and single custody arrangements» California School of Professional Psychology, San Diego, 1989 This study evaluated 90 children, aged 7 to 12, divided equally among maternal, joint legal, and joint physical custody gr
joint and single
custody arrangements» California School of Professional Psychology, San Diego, 1989 This study evaluated 90 children, aged 7 to 12, divided equally among maternal, joint legal, and joint physical custody
custody arrangements» California School
of Professional Psychology, San Diego, 1989 This study evaluated 90 children, aged 7 to 12, divided equally among maternal,
joint legal, and joint physical custody gr
joint legal, and
joint physical custody gr
joint physical custody custody groups.
These groups seek to regain control over spouses who are divorcing them, usually through forced marriage counseling or enacting extreme economic penalties for filing for divorce, including loss
of custody, loss
of marital assets, and forced
joint physical custody arrangements where the child is shuffled between incongruent households so that the father can avoid paying child support.
[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.
Joint custody can also refer to joint physical custody, in which the child spends time with each parent, either on a roughly even basis or in blocks of time that are, in effect, no greater than visitation under a sole custody arrange
Joint custody can also refer to
joint physical custody, in which the child spends time with each parent, either on a roughly even basis or in blocks of time that are, in effect, no greater than visitation under a sole custody arrange
joint physical custody, in which the child spends time with each parent, either on a roughly even basis or in blocks
of time that are, in effect, no greater than visitation under a sole
custody arrangement.
This is in line with recent Swedish findings that children living with both parents have fewer everyday difficulties than children in single care or living in
joint physical custody arrangements; furthermore, children
of parents with higher life satisfaction were found to experience fewer difficulties [33].
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?