Sentences with phrase «ordering joint physical custody»

This requires a trial, and a judge will weigh several stringent factors before ordering joint physical custody over the wishes of one parent.

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

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.

When a judge orders joint physical custody, it means that both parents have the right to physically supervise and care for the child.

A family court judge is not likely to order a joint physical custody arrangement when parents live in separate states, and with good reason.

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.

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.

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.

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.

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.

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.

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.

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.

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).

Parents objecting to the other parent's move should try to insure that an initial order provides for joint physical custody and language stating that neither can change the children's residence beyond a limited geographical area.

Typically, courts order joint physical care in situations in which the court also orders joint custody.

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.

The parents may also have court - ordered joint or shared physical custody, meaning that each parent spends 30 percent or more with the child, or greater than 109 overnights a year.

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

A different analysis may be required when parents share joint physical custody of the minor children under an existing order and in fact, and one parent seeks to relocate with the minor children.

Joint physical custody involves a court - ordered schedule of caretaking that allows a child to spend a predetermined amount of time in each home, meaning a minor child will have two primary residences.

«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.»

While some fathers may take little interest in their children, the main causes include failure of the courts to award joint physical custody, failure to award significant parenting time («visitation»), failure to enforce the parenting time that has been ordered, readiness to curtail contact between fathers and children when estranged wives make any allegation, child support orders that require fathers to work two or three jobs, thus leaving no time for parenting, moveaways, and other factors.

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.

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.

However, New York courts will sometimes order a situation that amounts to «joint physical custody,» even if they don't use those terms to describe it.

Dr. Holstein estimates that shared / joint physical custody arrangements make up less than 20 % of all custody orders.

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.

Last year Kentucky passed a law making joint physical custody and equal parenting time the norm in all temporary orders before a divorce is finalized.

Fact: Fewer child support awards are ordered in joint physical custody cases; there is a greater income differential between fathers» households and mothers» households post-divorce in joint custody situations than in sole custody situations; and fathers with joint custody are more likely to have higher incomes relative to their ex-wives than fathers in situations of maternal custody.

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

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

6 7 SECTION 2: In any domestic relations proceeding, the states shall award joint physical 8 care to both joint custodial parents upon the request of either parent during the proceedings 9 on the initial dissolution petition or during the proceedings on a modification of the original 10 custody order.

«[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 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.

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

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

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.

Joint physical custody means that physical custody is shared by both parents in order to assure the child of substantially equal time and contact with both parents.

Significantly, it does not take into account another side effect of joint custody: the hardship faced by the parent who shoulders the bulk of the financial responsibility by virtue of de facto sole physical custody, with little contribution from the parent who fails to meet the obligations ordered by the court.

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.

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.