Misinterpretations of the extreme behavior can cause both parents to seek
sole legal decision - making authority of the child.
Each parent may pursue disproportionate parenting time and
sole legal decision - making authority because both have interpreted the behavior as the child surely wanting to live with that parent.
A court may also award
sole legal decision making if it finds that one of the parents is so uncooperative that the parties would never be able to co-parent.
For example, if a parent is living in a different state, the court may award
sole legal decision making to the parent who has the child more often to make things easier.
However, with
sole legal decision making, you ultimately get the final decision if you and the other parent can not agree on something.
On appeal, Father argued the trial judge erred in calculating child support, granting the mother
sole legal decision making, and other evidentiary rulings related to the case.
The Arizona Court of Appeals in the unpublished case of McGinnis v. McGinnis reviewed a trial judge's ruling granting Mother
sole legal decision making of the parties» children.
Therefore, the court will award either
sole legal decision making or joint legal decision making in a child custody case.
The first issue regarding how major life decision is made for the children is referred to as the form of legal decision - making and may be either
sole legal decision - making, meaning one parent gets to make all of those decisions, or joint legal decision - making, meaning the parents must agree upon those issues.
Not exact matches
Information provided by Benetrends Inc. is not intended to be used as
legal or accounting advice, or as the
sole basis for investment
decisions, nor should it be construed as advice designed to meet the particular needs of an individual investor.
A parent who has
sole legal custody has the responsibility to make all the big
decisions, such as where the kids will go to school, what religion they will be introduced to, and major medical
decisions.
If you are a widow or have
sole custody, then you might want to establish a temporary
legal guardianship in the event you will not be available to readily handle, care for, or make
decisions concerning your child.
Cordell & Cordell's lawyers say some states have changed the language of their statues from «
sole custody» and «joint custody» to terminology such as «parenting time» or «
legal decision - making.»
If you have
sole legal custody of your child you can make all
decisions regarding such issues as schooling, religion, medical care and housing.
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legal proceedings.
After a dissolution of the marriage between Kiley S. Sheehan («Mother») and Shawn M. Sheehan («Father»), Mother was awarded
sole legal custody («
legal decision making»), as well as primary physical custody of her minor child.
There are two types of
legal custody: (i) «
sole legal custody» refers to when only one of the parents has these rights; and (ii) «joint
legal custody» is where both parents have the same rights and responsibilities for the major
decisions for the child.
If awarded
sole legal custody, one parent holds the exclusive responsibility for «
decisions relating to the health, education, and welfare of a child.»
The bottom line is that while the words do have
legal significance, because a parent with
sole legal custody can overrule the other parent's wishes, the words become irrelevant if you and your spouse work together to make the best
decisions for your kids.
The best way for a parent to get maximum power, protections, and right is to get: 1)
sole legal custody (so that the parent can make all major
decisions without his input and without court approval); 2) the most days and overnights of parenting time as the court will allow; and 3) very specific language throughout the final custody / divorce order that spells out exactly which activities and behaviors that the parents must either perform or are prohibited from doing (so that if the other parent violates, then it will be easier to prove the violation to the court and therefore get some sort of remedy, such as finding the other parent in contempt of court).
If one parent has
sole legal custody, then he or she has the
sole right to make major
decisions relating to the minor child.
A judge can order parents to share
legal custody (
decision - making power on child's behalf) and / or physical custody (parent with whom child resides) or one parent may have
sole legal and physical custody.
With
sole legal custody, a person can make
decisions not considering what the other parent wants for the child.
[8] One of the outcomes of this process was the
decision to implement a pilot project to test what the Society refers to as «Management Systems for Ethical
Legal Practice» or «MSELP» [9] These terms that are highly reminiscent of Australia's «appropriate management systems» and «AMS,» and, accordingly, the project is for a cross-section of Nova Scotia law firms and
sole practitioners to test a proposed self - assessment form.
Legally if a parent gives
sole decision making to the other parent, in this case that would be the
legal custody, then that parent no longer has the ability to make parenting time
decisions for the child.
Legal decision making power can be sole or joint, with one parent having sole responsibility for making legal decisions, or with parents sharing this responsibility equ
Legal decision making power can be
sole or joint, with one parent having
sole responsibility for making
legal decisions, or with parents sharing this responsibility equ
legal decisions, or with parents sharing this responsibility equally.
If the parents do not agree on a
decision about the child, the parent with
sole legal custody has the right to make the final
decision alone.
sole legal custody: A court order that says one parent has the
legal right to make major
decisions affecting the child, like health care, education, and religion.
It is signed primarily by the individual (s) with the
legal right to make major
decisions for the child (i.e. the custodial parent or guardian); however, even if it is a parent with
sole custody who is travelling with the child, to be on the safe side it is recommended that Letter of Consent be filled out by any parent or other individual with access rights.
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).
While most courts try to support both parents in contributing to parental
decisions,
sole legal or physical custody may be granted if the parents live far apart or if one parent is not routinely involved in the child's life.
Sole custody (
legal sole custody) has all
decision making power.
Any parent with
sole legal custody has the right to make major life
decisions on his or her child's behalf.
When a parent has
sole legal custody, she can make these
decisions without input from the other parent.
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.
In
sole legal custody one parent has
sole legal authority to make major
decisions for the child regarding education, religion, and health care; in joint
legal custody both parents have the
legal authority to make major
decisions for the child.
Sole physical custody means that children reside exclusively with one parent, while
sole legal custody means that one parent — usually the one with physical custody — retains the exclusive right to make
decisions about the children's health, education and religious upbringing.
If you are have
sole residential and
legal custody, you make the important
decisions for your child, including where he goes to school, what medical treatment he receives and whether he attends religious services.
A parent who does not have joint or
sole legal custody of his child can make these kinds of
decisions without consulting the other parent while his child is visiting with him.
If one parent receives
sole legal custody, only that parent has the right to make major child - rearing
decisions.
Sole legal custody is an arrangement in which one parent has
sole authority to make
decisions about the child, even though the parents may still share joint physical custody.
One of you can have
sole legal custody which would give you the right to make all
decisions for the welfare of your child without the input of the other parent.
The court can award
sole or joint
legal custody, which refers to a parent's right to make major
decisions concerning the child — such as medical and educational
decisions.
Courts can award
sole legal or physical custody, meaning only one parent has the right to that custody, but courts can also award shared
legal or physical custody, meaning the parents split
decision - making or time with their child, or both.
Kentucky courts can award joint or
sole legal custody, which is the right to make important
decisions for the child.
In the plan, you describe whether you and your spouse will exercise joint
legal custody, making important
decisions regarding your child together, such as education, religion and health care, or if only one parent will have this responsibility through
sole custody.
A parent with
sole custody does have the
legal right to make
decisions about his child without seeking input from the child's other parent.
This article will examine recent
decisions concerning the relocation of the custodial parent in
sole or primary physical custody arrangements as well as the proposed relocation of a parent in cases involving a joint custodial arrangement, including both joint
legal custody and joint physical custody.
This might include a statement that you request
sole decision - making authority for the child, known as
legal custody.
A Wisconsin court also has the flexibility to give the
sole right to make specific major
decisions to one of the joint
legal custodians, while giving both parties equal rights for other
decisions.