A Nebraska court will place a child in a joint or
shared custody arrangement if both parents agree to the arrangement.
Not exact matches
Most
custody arrangements are «joint
custody,» which generally refers to a
shared legal
custody even
if only one parent has physical
custody.
These results may be a function of Alberta's generally more conservative political and social values but are more likely a consequence of the geographic separation of parents owing to lengthy periods of site - based work in the oil patch or the interprovincial relocation of separated parents to take work in the province, making
shared custody arrangements difficult
if not impossible to implement.
There are a variety of ways to
share parenting time, but the guidelines calculate support differently
if the parents
share equal time (meaning, the child lives with each parent 50 % of the time), close to equal time (where the child stays with the non-custodial parent between 143 and 183 nights a year) or have a split
custody arrangement (where the parents divide the kids between them — mom takes the older child while dad has the younger child, for example).
S. 9 of the FCSG —
if one spouse has the right to access or
custody of child for 40 % or more of time over the year, quantum of support based on amount set out in table, increased cost of
shared custody arrangement and condition, means, needs and other circumstances of each spouse and of the children;
A general definition was developed in several decisions by the California District Courts of Appeal, in the years following Burgess holding that a
shared custody arrangement exists
if the noncustodial parent had physical
custody at least 40 % of the time.
If parents live in close proximity and have an amicable and cooperative relationship, the court may be willing to grant what is known as a
shared residential
custody arrangement.
If your
shared physical
custody or joint legal
custody arrangement isn't working out post-divorce, you can file a motion with the court to change it.
If your original
custody order gives your child's other parent sole physical
custody, you must ask for, and receive, a court order before you can enjoy a
shared physical
custody arrangement.
Because of this, be cautious in describing your
custody arrangement if you are thinking of
sharing custody of a child or children.
Further,
if the parent ordered to pay support has at least 30 percent of the overnights with the child under a
custody order, it is considered a
shared custody arrangement and the court has discretion to reduce the obligation to account for any support provided directly by that parent during overnight visitation.
There is no standard way to structure a
shared physical
custody agreement; courts encourage parents to work together and,
if they can't, the judge will choose an
arrangement that is best for the child.
A
shared or joint
custody arrangement works best
if you and your child's other parent maintain a reasonably amicable relationship.
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.
Even
if you think you and your ex get along well enough to manage a
shared physical
custody arrangement where your child spends roughly an equal time with each of you, this may not be in her best interest.
Consider who will watch the kids during the divorce,
if they'll move with you or stay in the
shared home, and the type of
custody arrangements you want long - term.
The only time
shared parenting doesn't work better than other
custody arrangements is
if the parents continue to fight, says Luevy.
A physical
custody arrangement where parents
share equal parenting time will be ordered by a Kansas judge
if parents are in agreement with that
arrangement.
If parents share substantially equal physical custody arrangements, the relocating parent can only relocate temporarily if the other parent agrees in writin
If parents
share substantially equal physical
custody arrangements, the relocating parent can only relocate temporarily
if the other parent agrees in writin
if the other parent agrees in writing.
This study indicates that, on average, a two parent intact family is the best
arrangement for children, and a
shared parenting
arrangement is better than a sole
custody arrangement, i.e., a two - parent family is better even
if parents are divorced.
If the majority of joint
custody time -
share arrangements are similar to sole
custody arrangements, reports of satisfaction by fathers may be based on perceptions, not realities.
If you can't satisfy New Jersey's criteria for joint
custody, this doesn't rule out
shared custody, and New Jersey judges are much more willing to order this type of
arrangement.
This is true whether she is the primary custodial parent or
if parents
share a joint
custody arrangement.
«I'm always nervous about a presumption,» Townsend says, noting that
if such a law is passed, parents who don't want a
shared custody arrangement would have to bring evidence to show the court why it shouldn't apply in their case, and that could add to the cost of litigation.
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:
(21) Many mothers would be happy to agree to joint
custody arrangements if those
arrangements did actually result in
shared caregiving.
Therefore,
if you can demonstrate to the court that
sharing custody with your ex-spouse is in your child's best interests, the court will likely honor your request and adopt joint
custody as the official
custody arrangement in your final divorce decree.
Some kids may even fair better in a
shared custody arrangement than
if they lived with both parents who no longer wanted to be married.