Sentences with phrase «order joint legal custody»

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.

Kansas courts prefer to order joint legal custody whenever possible, so divorced parents usually have equal rights to make major decisions regarding their children.

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.

An Arizona court may order joint legal custody and not order joint physical custody.

If the court orders joint legal custody, both parents will also have the right to make decisions about the child's school, religious upbringing, and extracurricular activities.

Courts generally prefer that parents share decision - making when at all possible, ordering joint legal custody.

In some cases, a judge orders joint legal custody and joint physical custody separately.

Not exact matches

Family courts in Illinois prefer to award parents joint legal custody, noting that joint physical custody should be determined by the parents» agreement or the court's order.

Even when joint custody is not ordered, both parents have a legal right to the child's medical and school records.

If one parent in a joint legal custody arrangement takes decision - making powers away from the other parent (perhaps by making unilateral decisions about a child's education), the other parent can go back to court to get a judge to enforce the joint legal custody order.

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.

Joint custody is an order that means that both you and your former partner share, at all times, the legal rights and responsibilities associated with custody even though you live apart.

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.

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

The court may order joint custody — both parents share custody — or sole custody to one parent, and must decide joint or sole custody as to both legal custody (the right to make decisions about a child's welfare) and physical custody (the right to have a child live with you).

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.

If a New Hampshire judge decides against joint legal custody, he must include his reasons for doing so in any order he issues.

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 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.

The court may order sole legal custody with shared physical custody, joint legal custody with sole physical custody or make other custody arrangements.

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.

In order to get a judgment for legal separation, you and your spouse must submit a joint parenting plan to the court, setting out child custody, visitation and support matters.

Wallerstein: I can only conclude that joint custody as a legal presumption for all children is a misguided policy... children, especially girls, do very poorly in court ordered joint custody situations.

«An order of joint legal custody shall not be construed to permit an action that is inconsistent with the physical custody order unless the action is expressly authorized by the court.»

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.

Based on the Indiana Code Title 31 - Article 17, Chapter 2 - 8 through 2 - 13,» [t] he court shall determine child custody and joint legal custody and enter a custody order in accordance with the best interests of the child factors.

Even so, every New York custody order addresses the concepts of joint, sole, legal and physical custody, even if the order does not discuss the custody in exactly those terms.

In some states, such as Massachusetts, you and your spouse have joint legal custody by default after you file for divorce; this lasts until an order or decree is issued that states otherwise.

Once a court issues an order for joint legal and physical custody, both parents must make legal custody decisions together and adhere to the physical custody arrangements.

Because 95 % of all joint custody awards are for joint legal custody 6 the living arrangements are exactly the same as under a sole - custody / visitation order.

The court can order joint or sole legal custody, and joint or sole physical custody.

Although Connecticut courts generally prefer joint legal custody arrangements, a court will order sole legal custody if it is deemed to be in the child's best interests.

Even when joint custody is not ordered, both parents have a legal right to the child's medical and school records.

«CONSIDERING that the Mother's behaviour is tantamount to constituting, according to the evidence, a case of parental alienation, while also ignoring that under Quebec law, both the Mother and the Father exercise jointly the parental authority over their child; FOR THESE REASONS, THE COURT... MAINTAINS the Father's Motion; GRANTS joint legal custody of the child [orders mother to return child to the father at her own cost, psychosocial evaluation of the child, reserves right to father to bring motion for sole custody or to modify terms if mother stays in Canada longer than summer months].»

In 1986, the majority of orders gave so - called «traditional» custody to mothers, and only 1 % of orders resulted in joint legal custody.

In a contested divorce case, always check to determine to determine if there are orders for concerning sole or joint legal custody.

«[T] here was extensive evidence of father attempting to alienate Hannah and Hillary from mother that independently supports the court's disposition in this case [ordering that custody be changed from joint custody to sole legal and physical custody of mother].»

If joint legal or physical custody is not a good fit for a family, a judge will order a different type of arrangement.

It also should be pointed out that fathers with joint legal custody as a group also have court orders granting them more visitation time.

Conversely, at the discretion of the judge, the court may simply order joint physical or joint legal custody instead of both.

In fact the above study found that joint custody parents reported the lowest satisfaction with the legal agreement one year after the child custody order.

In all other circumstances, either parent acting alone may exercise legal control of the child An order of joint legal custody shall not be construed to permit an action that is inconsistent with the physical custody order unless the action is expressly authorized by the court.»

Physical custody can be agreed upon by parents in lieu of a sole or joint legal custody court order.

Courts can order sole legal custody, sole physical custody, joint legal custody and joint physical custody.

[FN184] Joint legal or physical custody, on the other hand, forces mothers who in fact have been responsible for the children to make concessions in order to continue to raise them.

* 833 (1) If the court contemplates entering a joint legal and / or joint physical custody order, it may order each parent to submit a detailed parenting plan delineating each parent's position with respect to the scheduling and allocation of rights and responsibilities that will best serve the interest of the minor child or children.

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.