Sentences with phrase «of the joint custody order»

(1) that the motion judge erred in finding a material change in circumstances warranting a variation of the joint custody order;

The mother's appeal of the joint custody order was dismissed.

Worsening conflict between parents is sufficient to justify the variation of a joint custody order to sole custody.

Not exact matches

Among them are the rights to: bullet joint parenting; bullet joint adoption; bullet joint foster care, custody, and visitation (including non-biological parents); bullet status as next - of - kin for hospital visits and medical decisions where one partner is too ill to be competent; bullet joint insurance policies for home, auto and health; bullet dissolution and divorce protections such as community property and child support; bullet immigration and residency for partners from other countries; bullet inheritance automatically in the absence of a will; bullet joint leases with automatic renewal rights in the event one partner dies or leaves the house or apartment; bullet inheritance of jointly - owned real and personal property through the right of survivorship (which avoids the time and expense and taxes in probate); bullet benefits such as annuities, pension plans, Social Security, and Medicare; bullet spousal exemptions to property tax increases upon the death of one partner who is a co-owner of the home; bullet veterans» discounts on medical care, education, and home loans; joint filing of tax returns; bullet joint filing of customs claims when traveling; bullet wrongful death benefits for a surviving partner and children; bullet bereavement or sick leave to care for a partner or child; bullet decision - making power with respect to whether a deceased partner will be cremated or not and where to bury him or her; bullet crime victims» recovery benefits; bullet loss of consortium tort benefits; bullet domestic violence protection orders; bullet judicial protections and evidentiary immunity; bullet and more...

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.

An Alabama court may order joint custody with or without the consent of both parents when it serves the child's best interests.

A family court in Alaska will order joint custody without the consent of the parents if it's in the best interests of the child.

According to North Carolina child custody laws, if a military parent has sole or joint custody of a child and receives deployment papers that involve moving a substantial distance from the parent's home, a North Carolina family court will issue a temporary custody order of the child during the parent's absence, which shall end no later than 10 days following the parent's return.

If parents agree to joint custody and ask for it, the arrangement will almost certainly be granted, but if the judge finds that this isn't in the best interests of the child for some reason, he can decline the request and order a different custody arrangement.

First, joint physical custody is where a court orders a child to spend a substantial amount of time with both parents during the course of the year.

Even when it is determined that the child needs to spend time with both parents in order to thrive, courts are increasingly reluctant to award joint physical custody because of the disruptions it causes children.

An order for joint custody may specify one home as the primary residence of the child and designate one parent to have sole power to make decisions regarding specific matters while both parents retain equal rights and responsibilities for other matters.

In joint custody situations, the judge could order the sale of the house and require both spouses and children to relocate.

In Vermont, the court first determines what custody and visitation schedule is in the best interests of the child, and then makes an order for joint custody (both parents) or sole custody (one parent).

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.

(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.

On January 28, 2005, the New Mexico Court issued an order that S and J should have joint legal custody of N, that J should temporarily have sole physical custody and that S must return Nina to J's custody.

A Michigan judge on Tuesday rescinded an order giving joint custody to a father accused of raping the boy's mother when she was 12.

Nelson contended that the court should apply the Thompson court's language that a parent granted joint custody or parenting time has the right to move up to 100 miles from the parent's physical location with the child as of the date of the court order entitling both parents custody or parenting time.

[8] By a further order dated November 6, 2002, the parties continued to have interim joint custody and guardianship, with the primary residence of the children being with the plaintiff.

Such interim orders contained provisions stating that the plaintiff and the defendant shall have interim joint custody and guardianship, that the primary address of the children shall be the defendant's address, that for the purpose of access arrangements the plaintiff shall promptly inform the defendant of her monthly work schedule, and the defendant shall make efforts to ensure the children spend equal time with both the plaintiff and the defendant and, upon receipt of such work schedule, draw a calendar setting out parenting time for each parent for the coming month, and that the plaintiff shall be allowed to travel to Japan with the children from November 2, 2002 through November 18, 2002.

While parents who have a shared parenting arrangement will also generally have joint custody, the reverse is not always true: joint custody is often ordered in the absence of shared parenting.

We'll provide a brief refresher on the meaning of the term (information you will also find in the Child Custody and Access section of our Help Centre), followed by some more detailed information on when a court may, or may not, order joint cCustody and Access section of our Help Centre), followed by some more detailed information on when a court may, or may not, order joint custodycustody.

In the event that there is a joint physical custody order but the move - away parent exercises the actual majority of custody, then the Burgess standard discussed above is applied.

Mother filed to modify a joint custody order by requesting primary custody of her two children.

Whether move out of state by parent with joint legal custody and primary physical custody would be sufficient to satisfy standard of proof required for modification of child custody orders depends upon facts.

If the parents have joint legal custody and substantially equal periods of physical placement with the child, either parent may file a petition, motion or order to show cause for modification of the legal custody or physical placement order.

If the parent proposing the move or removal has sole legal or joint legal custody of the child and the child resides with that parent for the greater period of time or the parents have substantially equal periods of physical placement with the child, as an alternative to the petition, motion or order to show cause under par.

Family law matters such as child and spousal support, sole or joint custody, shared parenting, guardianship, access and visitation, property division, pre-nuptial agreements, separation agreements, co-habitation agreements, divorce proceedings, restraining orders and the division of business assets are all handled with empathy and efficiency.

While New Jersey courts commonly order joint legal custody, they generally order joint physical custody only when the parents are both committed to the idea of shared parenting.

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.»

46 With respect, finally, to the right of residence of a person who is a third country national in the Member State of residence of his minor children, nationals of that Member State, who are dependant on him and of whom he and his spouse have joint custody, the Court has held that the refusal to grant a right of residence would have the consequence that those children, who are citizens of the Union, would have to leave the territory of the Union in order to accompany their parents, and that those citizens of the Union would, in fact, be unable to exercise the substance of the rights conferred by their status (Ruiz Zambrano, paragraphs 43 and 44).

There are two types of legal custody orders: joint legal custody and sole (one parent only) legal custody.

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 joint custody situations, support may not be ordered at all if the parents have similar incomes and spend an equal amount of time with the child.

Pullman v. Pullman 2000 BCSC 1654 After nine days of trial during which the mother sought sole custody with limited visitation by the children to their father, and a Section 15 Report by Robert Colby recommended that the mother be the primary residential parent, Mr. Justice MacKinnon ordered that the two daughters of the marriage, aged five and seven, be under the joint custodial care of both parents and that a shared parenting schedule of week on week off be implemented.

essay addresses the issue of Court Orders for joint custody that essentially become orders for de facto sole custody to the alienation - pathological parent unless the underlying psychopathology being induced in the child by the alienating parent is effectively resolved (requiring separation of the child during treatment from the source origin of the psychopathoOrders for joint custody that essentially become orders for de facto sole custody to the alienation - pathological parent unless the underlying psychopathology being induced in the child by the alienating parent is effectively resolved (requiring separation of the child during treatment from the source origin of the psychopathoorders for de facto sole custody to the alienation - pathological parent unless the underlying psychopathology being induced in the child by the alienating parent is effectively resolved (requiring separation of the child during treatment from the source origin of the psychopathology).

Courts often order that the parents share legal custody of their toddler, called joint legal custody, meaning that both parents have the legal ability to make these important decisions.

Your argument should focus on what has changed in either your or the other parent's life since the time of the original order that makes having a joint custody arrangement in the best interest of the child.

Joint legal custody is usually ordered by the court to give parents equal say regarding important decisions made on behalf of the children.

The two primary types of legal custody, which is determined either by agreement between parents or by order of a judge, are joint legal custody, which is an arrangement where both parents share the rights to make the major decisions for their child, and sole legal custody, which is when one parent can make these decisions without input from the other parent.

If no compromise is reached, the parties will have to go before a court and present evidence and testimony as to why it is in the best interest of the child that a joint custody arrangement be ordered.

If the parent proposing the move or removal has sole legal or joint legal custody of the child and the child resides with that parent for the greater period of time, the parent objecting to the move or removal may file a petition, motion or order to show cause for modification of the legal custody or physical placement order affecting the child.

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.

It's not likely that the court would issue an order for joint physical custody if one of you objects.

In order to do so, Idaho child custody laws set factors to be considered by the court in verifying if joint custody is applicable over any other type of custody.

If the other parent files for custody first and seeks sole custody, you must indicate in your response that you are seeking joint custody by filing either the Responsive Declaration to Request for Order form or the Response to Petition for Custody and Support of Minor Childrecustody first and seeks sole custody, you must indicate in your response that you are seeking joint custody by filing either the Responsive Declaration to Request for Order form or the Response to Petition for Custody and Support of Minor Childrecustody, you must indicate in your response that you are seeking joint custody by filing either the Responsive Declaration to Request for Order form or the Response to Petition for Custody and Support of Minor Childrecustody by filing either the Responsive Declaration to Request for Order form or the Response to Petition for Custody and Support of Minor ChildreCustody and Support of Minor Children form.

Ohio child custody laws have set the factors, as previously mentioned, in order to evaluate the nature of parent - child relationship and whether or not joint custody, which means shared parenting, is plausible.

When ascertaining if joint custody is suitable, a court will look at certain factors, including the ability of both parents to cooperate with each other effectively in accordance with a joint parenting order, each parent's residential circumstances and anything else the court deems relevant.

Joint legal custody is a court order that ensures each parent has an equal right in making decisions regarding routine medical issues, education, and any other area that affects the welfare of the child.