The court considers several factors when determining
whether joint custody serves the best interests of the child:
Here are factors used to decide
whether joint custody is plausible or a third - party custodian is required:
By law, these factors serve as the courts» guideline
whether joint custody or sole custody is suitable.
Under child custody laws in Indiana, the courts consider a number of factors to determine
whether joint custody is realistic and attainable.
There is the difficult question
whether joint custody of a pet can be awarded in divorce proceedings.
Idaho courts begin custody proceedings with an evaluation as to
whether a joint custody arrangement is workable based in part on an estimation of parents» abilities to work together.
In determining
whether joint custody is appropriate, a family court in Illinois will consider the following factors:
Not exact matches
Among them are the rights to: bullet
joint parenting; bullet
joint adoption; bullet
joint foster care,
custody, and visitation (including non-biological parents); bullet status as next - of - kin for hospital visits and medical decisions where one partner is too ill to be competent; bullet
joint insurance policies for home, auto and health; bullet dissolution and divorce protections such as community property and child support; bullet immigration and residency for partners from other countries; bullet inheritance automatically in the absence of a will; bullet
joint leases with automatic renewal rights in the event one partner dies or leaves the house or apartment; bullet inheritance of jointly - owned real and personal property through the right of survivorship (which avoids the time and expense and taxes in probate); bullet benefits such as annuities, pension plans, Social Security, and Medicare; bullet spousal exemptions to property tax increases upon the death of one partner who is a co-owner of the home; bullet veterans» discounts on medical care, education, and home loans;
joint filing of tax returns; bullet
joint filing of customs claims when traveling; bullet wrongful death benefits for a surviving partner and children; bullet bereavement or sick leave to care for a partner or child; bullet decision - making power with respect to
whether a deceased partner will be cremated or not and where to bury him or her; bullet crime victims» recovery benefits; bullet loss of consortium tort benefits; bullet domestic violence protection orders; bullet judicial protections and evidentiary immunity; bullet and more...
Whether it's dedicating certain days of the week to working late without worrying about who will pick up to kids, or finally having the time take a certification class that could increase your earning potential, using the «me time»
joint custody thrusts on you to your advantage can pay huge dividends in the long run.
Whether the parents have joint custody, or whether one is the custodial parent and the other is not, some careful planning and an effort to put the good of the children first can help create a more amicable and successful experience with co-par
Whether the parents have
joint custody, or
whether one is the custodial parent and the other is not, some careful planning and an effort to put the good of the children first can help create a more amicable and successful experience with co-par
whether one is the custodial parent and the other is not, some careful planning and an effort to put the good of the children first can help create a more amicable and successful experience with co-parenting.
If you have questions about
whether you should keep or sell the family home, how child support and spousal support work, how to increase your chances of getting
joint or even sole
custody of your children, and proven strategies to help yourself (and your children) to heal from divorce, you'll find the answers here.
The primary issue before us is
whether trial court's award of
joint custody is in the best interests of the Burham children.
And each such
custody arrangement when contested,
whether described as
joint or divided, must withstand scrutiny on its terms and conditions.
You should be aware, as well, that many states either make no presumption of
custody based on
whether the father is on the birth certificate or presume
joint custody even in cases where the parents were never married.
Some moms in this predicament even wonder
whether formally filing for child
custody could work against them, causing an absent father to reappear «out of the woodwork» and demand
joint custody or regular visitation.
In some states, an unwed mother is presumed to have sole
custody of a child, while other states presume that two parents who sign the child's birth certificate have
joint custody of a child, regardless of
whether they're married.
Find the child
custody laws for all 50 states and learn
whether or not your state presumes
joint custody.
Whether it is practical for both parents to participate in decision making (for example, sharing
joint custody in different time zones can be challenging logistically)
Whether the safety of the child, other children, or the other parent will be jeopardized by an award of
joint custody or by unsupervised or unrestricted supervision
Therefore, it is important to consider
whether a compromise is possible and
whether sharing
joint custody could actually be in your child's best interests.
Child support obligations depend on
whether one party has sole
custody or
whether both parents are awarded
joint custody.
In deciding
whether to grant
joint custody, the court shall consider all of the above factors plus
whether the parents will be able to cooperate;
whether the parents have agreed to
joint custody.
Prior to making a decision about
joint custody, the court will consider
whether both parents agree to a
joint physical
custody arrangement.
Whether you are working harmoniously with your spouse for
joint custody, or are seeking sole
custody to protect your child, we will assertively advocate for a beneficial outcome for your family.
If you are seeking
custody, indicate
whether you are seeking sole or
joint custody.
In cases where
joint custody is sought or where sole
custody is a reasonable consideration, the tax considerations raised in Trignani v. Canada should be considered when deciding
whether to claim child maintenance.
There are many factors to consider when determining
whether shared or
joint custody is right for your child and your situation.
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.
Whether it is physical
custody,
joint custody, visitation or another arrangement, we put our years of legal know how to work for you at the negotiating table or at trial, if necessary.
Parents can have shared
custody whether or not they also have
joint custody (
joint decision - making power).
At Fine & Associates Professional Corporation, we help individuals fight for their parental rights,
whether they are seeking sole,
joint, or shared child
custody in Canada.
Whether you are seeking sole,
joint, or shared
custody, our dedicated child
custody lawyers will fight for the best possible outcome for your situation.
Whether the court gives you full
custody,
joint custody, or visitation depends on the courts.
The very personal decision of
whether to have sole or
joint custody is one that each parent must make for themselves.
In Long Island, New York, physical
custody refers to the place where the child primarily lives regardless of
whether there is a
joint custody agreement between the parents.
The final decision determines
whether you will have
joint or sole
custody.
Particularly in a
joint custody or shared residency arrangement that has been found to be in the child's best interests, the reasons for one parent to want to move, effectively ending what has already been found to be in the child's best interests, would be very relevant to determining
whether the child's needs can be met in this proposed new arrangement.
~ A
joint custody parent's reasons for a proposed relocation are relevant to the consideration of
whether the move would be in the child's best interests.
How do courts decide
whether to award
joint or sole
custody?
Physical
custody in New York relates to where the children primarily live or
whether there is a
joint custody arrangement between the former spouses.
The court decides
whether to award
joint legal
custody,
joint physical
custody, sole legal
custody or sole physical
custody over 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.
Regardless of each state's position for or against a presumption or preference in favor of
joint custody and
whether or not it has been specifically authorized, overall there appears to be a growing trend in favor of
joint custody and more and more bills are being introduced to adopt a presumption that
joint custody is in the best interest of the child unless certain circumstances apply (such as convincing evidence that a parent is unfit or that it would not be in the best interest of the child to award
joint custody).
When determining
whether or not
joint custody is plausible, the family courts considers:
Ohio child
custody laws have set the factors, as previously mentioned, in order to evaluate the nature of parent - child relationship and
whether or not
joint custody, which means shared parenting, is plausible.
The parents are generally cooperative and friendly, have
joint physical
custody (
whether or not equal, and by whatever name), and have confidence in each others» parenting ability.
Another personal situation factor that distorts the thinking of many professional women is that most did not get to be professional women by prioritizing the care and well - being of their children; now, they suffer guilt and the desire to prove that what they did (or didn't do) for their own children did not harm them, or helped them (
whether that was
joint custody, or extensive third party care.)
More than 30 states now have statutes specifically authorizing
joint custody awards, and most states now hold that the courts authority to award
joint custody does not depend upon
whether the parties request it.
Whether joint physical
custody is a smart solution or a problematic plan depends on your unique situation.
The Guidelines are also prepared according to
whether or not the parties have
joint physical
custody or
whether one party has primary physical
custody.