For every rare couple (usually unremarried) who professes satisfaction with
a shared custodial arrangement, many more honestly will admit that «Yeah, we tried that for X number of years while we still lived in the same town, and it was a nightmare... now we get along pretty good.»
However, where the parents have
a shared custodial arrangement, the trial court was required to make a full redetermination of what custody order was in the best interests of the children.
Parents who foster cooperative
shared custodial arrangements after a divorce can minimize some of the anxiety and adjustment that comes with divorce, explains psychologist Lesley Foulkes - Jamison, a former therapist of Clinical Psychology Associates of North Central Florida who now works in private practice in South Carolina.
Not exact matches
Most modern custody
arrangements give physical custody to one parent (called the «
custodial» parent) and grant visitation rights and
shared «legal custody» to the non-
custodial parent.
Many parents will
share the
custodial rights in a joint custody
arrangement, or by an order giving the access parent extra rights.
Physical custody, which means where children reside, may be an equal and
shared physical custody
arrangement where a child's time is evenly split between two homes, or an
arrangement where the child resides with the primary
custodial parent and the visitation schedule allows for parenting time with the non-
custodial parent.
The rules say that
shared physical custody, regardless of «legal
custodial arrangements,» is an appropriate reason for deviation.
In most instances, when a child's
custodial parent moves in with a new partner, remarries, or enters into a
shared living
arrangement, it will not affect the amount that a non-
custodial parent pays.
This change in the law eliminates the terms «custody», «
custodial» and «non-
custodial parent», «primary residence», «primary residential parent» and «visitation» from all statutes in exchange for
shared parenting plans and time -
sharing arrangements.
In order to determine if such a
shared custody
arrangement existed, the court stated that the critical factor in making such a determination is the division of time regarding «each party's responsibility for the
custodial functions, responsibilities and duties» normally performed by the child's primary caretaker.
For other cases holding that proposed relocation requests which would result in the effective termination of a
shared physical
custodial arrangement should be treated as a modification of custody, see, e.g., Lewellyn v. Lewellyn, 351 Ark. 346, 93 S.W. 3d 681 (2002)(both mother and father petitioned for sole custody of children after mother's proposed relocation would make parties»
shared physical
custodial arrangement unworkable; court found that mother's relocation constituted material change of circumstances warranting award of sole custody to father, even though such a relocation would not be considered a material change in circumstances in a case that did not involve
shared physical custody), and In re Marriage of Garst, 955 P. 2d 1056 (Colo..
A legally ordered
arrangement, for parents who do not live together, by which neither parent is considered the sole
custodial parent but equally
share the rights and responsibilities for raising the child (ren).
These factors include how dependant the child's sense of stability is upon the current
custodial / time
sharing arrangement, how far away the relocation destination is from the non-
custodial parent, the age of the child or children, the relationship between the child and both parents, the relationship between the parents and whether they are capable of facilitating a continued relationship between the child and the non-
custodial parent from a distance, the child's wishes if she is appropriately mature, and the reason for the relocation.
This is true whether she is the primary
custodial parent or if parents
share a joint custody
arrangement.
If the parties have a
shared custody
arrangement than the court will view the
custodial parent's application to relocate as a change in custody application — which triggers an evaluation of whether the move would be in the «best interests of the child».
If the parties do not have a
shared custody
arrangement then the court will view the
custodial parent's application to relocate as a removal application, which triggers an initial review and analysis of the following 2 factors:
I have found that over my many years in family law practice that the trend has gone from moms having the majority of the parenting time awarded to them to the current
arrangement where most cases end up in a
shared custodial and parenting time
arrangement that is often 50/50 between moms and dads or very close to it.