If you do not agree
on joint child custody or all the terms of the agreement, the judge can require you to participate in court - ordered mediation.
For a more detailed discussion of these different options, see J. Schulman and Valerie Pitt, Second Thoughts
on Joint Child Custody: Analysis of Legislation and Its Implications for Women and Children, 12 GOLDEN GATE L. REV. 538, 546 - 553 (1982).
Not exact matches
Knowing who claims the
child on taxes with
joint custody in effect might be a bit more confusing than sole -
custody situations.
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...
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.
If you have
joint custody of your
child, your ex should be consulted
on all meaningful issues affecting your
child.
Leving reports that the majority of mediation cases do resolve with
joint custody of the
children, and most do not go
on to litigation.
Joint physical
custody or parenting time can be difficult
on a
child when parents live far apart from each other or even just in different school districts.
An Idaho court might award
joint physical
custody,
joint legal
custody or both based
on what the court believes is in the best interests of the
child.
Because legal decisions will be made jointly, parents who win
joint legal
custody need to discuss important issues affecting their
child's well - being
on a regular basis.
A
joint child custody arrangement may be difficult for a
child who has to shuffle between two households
on a regular basis.
In other words, parents who share
joint custody may only share
joint legal
custody, meaning that they equally share the responsibility for making major legal decisions
on behalf of the
child.
Joint physical
custody refers to where the
children reside
on a daily basis.
This is still considered
joint physical
custody because the parent who has the
children on the weekend is spending pretty much equal time with them as the parent who has them from after school
on Monday until beginning of school
on Friday since the weekend parent is with them all day Saturday and Sunday, as well as rest of the day Friday.
Although, it's a great idea to develop a parenting plan to determine where the
child is expected to reside
on certain days in a
joint custody arrangement, it's equally important to be flexible.
A South Dakota court may order or ask the parents to agree
on how the following issues will be handled in a
joint custody arrangement: where the
child will reside and when, where he will attend school, his medical and dental care, and other responsibilities serving his best interests.
The court primarily considers the best interests of the
child when making
custody decisions, and the state has gone
on record that it believes
joint custody is in a
child's best interests.
In most situations,
joint physical
custody will only be awarded when the parents of the
child plan
on living relatively close to each other.
Keep in mind; most states prefer awarding
joint legal
custody based
on the best interests of the
child.
In addition,
joint custody has the advantage of placing an equal load
on both parents in terms of the burdens of raising the
child.
Here is some of the most vital and hands -
on advice that can equip fathers who may dealing with challenging
joint child custody situations.
When
joint custody is awarded, support obligations are based
on how much each party earns and the percentage of time the
child spends with each party.
Child support obligations depend
on whether one party has sole
custody or whether both parents are awarded
joint custody.
If you do have a
joint custody arrangement for your
children, you should be sure to keep track of all the money you spend
on your
child's living needs.
Keep in mind; most states prefer awarding
joint or shared
custody based
on the best interests of the
child.
New Jersey: Sole or
joint custody may be awarded based
on the needs of the
child.
Second,
joint legal
custody is where, although one parent may have full physical
custody, both parents must agree
on any decisions that impact the
child, such as their education, medical care and spiritual matters.
According to court documents first obtained by TMZ, she filed legal documents
on Monday morning, requesting
joint legal
custody of their six
children — she would have physical
custody of the
children and would grants him visitation.
The parties could agree to
joint custody, where the parties agree to the tasks and responsibilities each will take
on in raising the
child.
Instead, it is based
on who is the active parent, the one providing the
child with daily supervision control, taking the
child to piano rehearsals and doctor appointments; some parents are not as active as they work more hours, yet they have this notion that this will give them the entitlement to
joint custody, which is not true.
A State Department spokeswoman said parents like Benda are «severely disadvantaged» in the Japanese court systems, where
joint custody is viewed as a psychological burden
on the
child.
Citing Indiana Code Section 31 -17-2-15, it ruled that because the parents could communicate without being hostile, it would be in the best interests of the
children to award
joint legal
custody, as well as overnight stays
on Sundays, and additionally reduced his support payments from about $ 250 a week to $ 150 a week, based
on the increased amount of time he was spending with the
children and the fact that the mother's pay had increased and the cost of
child care had gone down.
The 2018 laws
on child custody changed the term from
custody to
joint legal decision making.
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 c
Custody and Access section of our Help Centre), followed by some more detailed information
on when a court may, or may not, order
joint custodycustody.
Joint custody is a broad term which in legal terms means that both parents must agree
on major decisions which affect their
child.
For example, many parents assume that if you have
joint custody then you are sharing your
children on a 50/50 basis.
The court held a bench trial in June 2012
on the issue of
child custody, issuing
joint physical and legal
custody of the
children.
After DNA testing established paternity,
on Sept. 22, 2017, Judge Gregory S. Ross, 24th Circuit Court Family Division of Sanilac County, MI awarded parenting time and
joint legal
custody to a convicted sex offender, Christopher Mirasolo, who forcibly raped and threatened to kill the minor
child's mother 9 years ago when she was 12 years of age and Mirasolo was 19 years of age.
The Court will award
joint custody when both parents are capable parents and usually they have remained
on good terms and can discuss matters concerning the
children in a reasonable way.
Joint Custody with a Jerk: Raising a
Child with an Uncooperative Ex - A Hands -
on, Practical Guide to Communicating with a Difficult Ex-Spouse is a highly recommended book available at Amazon.
Another example is a
custody case in which my client is seeking
joint or sole
custody in part based
on a claim that he has successfully co-parented an older
child with a different parent.
Joint custody is one of the best decisions that the court can make because there is less emotional strain
on the
child than in other
child custody agreements.
It could be every day with the other parent seeing the
child on the weekends or a
joint custody situation where you share the time with the other
child.
We find the passage of time and the good reports
on Child's welfare and mental adjustment to the situation comprise exceptional circumstances warranting
joint custody.
This week we provide some technical information
on child tax credits that may be of interest to you if you and your spouse have
joint custody and shared time.
Ha - Redeye notes that «litigants» (presumably fathers» rights advocates) made this claim before the Special
Joint Committee
on Child Custody and Access, which reported in December 1998.
The effect
on the
children was the main complaint I cited from the Special
Joint Committee
on Child Custody and Access.
In a
joint custody arrangement, both parents have the authority and must agree
on major decisions relating to their
child whereas in a sole
custody situation, only one parent has such decision making authority.
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).
Although agreements as to
child custody, support and parenting time are not enforceable even if addressed in a settlement agreement, a court gives great weight to
joint decisions
on these issues and rarely rules against them.