Leving reports that the majority of mediation cases do resolve
with joint custody of the children, and most do not go on to litigation.
Colman's comments come in response to a recent column by Christie Blatchford in the National Post, in which she shared advice from a father who survived protracted litigation with his ex-spouse and ended up
with joint custody of the children.
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...
Depending on how you arrived at sharing
joint physical
custody with your ex, you may not be thinking about the «rewards»
of this
child custody arrangement has to offer.
As
with most
joint physical
custody schedules, this one requires that your
children have fully functional bedrooms and living space in each
of your homes: Maintain separate wardrobes, toys, and favorite electronics at each place to the extent possible.
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-parenting.
An Alabama court may order
joint custody with or without the consent
of both parents when it serves the
child's best interests.
Here is the reality
of my divorce: Despite the fact that the court appointed
custody evaluator ruled parenting during the marriage was
joint, a vocational evaluation that concluded my ex-wife could make just as much money as me,
joint custody of the
children post marriage (although in reality they were
with me much more often), pretty good evidence my ex-wife committed fraud and perjury and absolute evidence her lawyer maliciously lied in court, I am required by the court to pay her a massive amount
of alimony until he day I die.
Joint physical
custody is rarely a 50/50 time split, but it affords both parents considerable time
with the
child, more than if one
of them merely had parenting time once a week or so.
Joint child custody is often a «forced» arrangement, meaning that the courts believe that
children benefit the most from spending a substantial and continuous amount
of time
with both parents.
This is still considered
joint physical
custody because the parent who has the
children on the weekend is spending pretty much equal time
with them as the parent who has them from after school on Monday until beginning
of school on Friday since the weekend parent is
with them all day Saturday and Sunday, as well as rest
of the day Friday.
However, because
joint custody serves the best... MORE interests
of the
child, it is best for parents to find a way to deal
with each other during those limited times.
Joint custody, he asserts, involves each parent's having joint control over the care, upbringing and education of the children, even though the children reside most of the year with one parent, while divided custody involves each * 272 parent's having the children for a part of the year with control over the children only when in his or her cus
Joint custody, he asserts, involves each parent's having
joint control over the care, upbringing and education of the children, even though the children reside most of the year with one parent, while divided custody involves each * 272 parent's having the children for a part of the year with control over the children only when in his or her cus
joint control over the care, upbringing and education
of the
children, even though the
children reside most
of the year
with one parent, while divided
custody involves each * 272 parent's having the
children for a part
of the year
with control over the
children only when in his or her
custody.
California family courts consider a number
of factors before granting a parent either sole
custody or
joint custody, but parents who wish to file for
child custody in California should first become familiar
with the laws in the state.
Marcia and Gordon Clark, who had been married for 13 years, have
joint custody of their
children,
with Marcia as «primary physical caregiver.»
In some states, an award
of joint physical
custody is possible when a
child will be staying
with both the mother and the father for significant periods
of time.
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.
Under Alabama law, a court may consider an award
of joint custody, whereby the parental rights
of both parties remain intact,
with one parent as the primary custodian
of the
children and the other as the secondary custodian.
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.
Here is some
of the most vital and hands - on advice that can equip fathers who may dealing
with challenging
joint child custody situations.
When
joint custody is awarded, support obligations are based on how much each party earns and the percentage
of time the
child spends
with each party.
about How Older
Children Cope
With Joint Custody excerpt from The Unexpected Legacy
of Divorce: a 25 Year Landmark Study
Divorced
with three
children I love very much and have
joint custody of.
Johansson asks for
joint custody of the couple's toddler daughter in the filing, but also wants the
child to live
with her.
They must keep their affair a secret, though, as such prurient acts could serve to jeopardize
joint custody of Carol's
children as her divorce
with her husband (Kyle Chandler).
For example, if two parents have
joint custody, and the
child lives
with Mom for 170 days out
of the year and
with Dad for 195 days, then Dad is the custodial parent for tax purposes and has the right to the exemption.
This is the parent whom the
child or
children live
with the majority the amount
of time in a
joint custody situation.
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.
New Mexico and New Hampshire are the only two states in the country that start out all divorce cases
with the assumption that
joint legal
custody is in the best interest
of every
child.
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.
[8] By a further order dated November 6, 2002, the parties continued to have interim
joint custody and guardianship,
with the primary residence
of the
children being
with the plaintiff.
Like the majority
of states, New Mexico approaches divorce
with the assumption that
joint legal
custody is in the «best interest
of the
child» in every case.
Such interim orders contained provisions stating that the plaintiff and the defendant shall have interim
joint custody and guardianship, that the primary address
of the
children shall be the defendant's address, that for the purpose
of access arrangements the plaintiff shall promptly inform the defendant
of her monthly work schedule, and the defendant shall make efforts to ensure the
children spend equal time
with both the plaintiff and the defendant and, upon receipt
of such work schedule, draw a calendar setting out parenting time for each parent for the coming month, and that the plaintiff shall be allowed to travel to Japan
with the
children from November 2, 2002 through November 18, 2002.
For example, while parents may have «
joint custody» (
joint decision making ability) the
children may actually reside primarily
with one parent for most
of the time and a
child's residence is determinative
of who will be the Payer or Recipient,
of child support.
Citing Indiana Code Section 31 -17-2-15, it ruled that because the parents could communicate without being hostile, it would be in the best interests
of the
children to award
joint legal
custody, as well as overnight stays on Sundays, and additionally reduced his support payments from about $ 250 a week to $ 150 a week, based on the increased amount
of time he was spending
with the
children and the fact that the mother's pay had increased and the cost
of child care had gone down.
Alaska law also creates a «rebuttable presumption» (a legal assumption that has to be overcome
with credible evidence to the contrary) that if an abusive parent has a history
of committing domestic violence against the other parent, a
child, or even a domestic living partner, the abusive parent must not be awarded sole legal
custody, sole physical
custody,
joint legal
custody, or
joint physical
custody.
If the
child regularly spends time
with each parent, but communication problems between the parents make
joint decision - making impossible, courts will occasionally allow a form
of joint custody called «parallel parenting.»
Your ability to have
joint custody is not related to the amount
of time your
child spends
with you.
«
Joint custody» means both parents make all the key decisions affecting the
child, and the
child lives
with both parents, although not necessarily for an equal period
of time.
Custody of the six children Jolie and husband Brad Pitt share is expected to be the largest part of the divorce proceedings, as Jolie has filed for sole physical custody, with visitation rights for Pitt, while asking the two maintain joint legal c
Custody of the six
children Jolie and husband Brad Pitt share is expected to be the largest part
of the divorce proceedings, as Jolie has filed for sole physical
custody, with visitation rights for Pitt, while asking the two maintain joint legal c
custody,
with visitation rights for Pitt, while asking the two maintain
joint legal
custodycustody.
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.
Although move out
of state by parent
with joint legal
custody and primary physical
custody is not per se substantial change
of circumstances such as to make that parent's continuing
custody unreasonable, this does not mean that circumstances inherent in such move are always insufficient as a matter
of law to warrant modifying
child custody.
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.
«
Joint custody»
of the
Child means that both parents equally share in all major decisions
with respect to the health, education and welfare
of the
Child.
Joint custody may be the best outcome if one parent is in a better position to care for the
child, so that the
children have the «best
of both parents» — primary care from one parent while enjoying a consistent schedule
of interaction
with the other parent.
Family law matters such as
child and spousal support, sole or
joint custody, shared parenting, guardianship, access and visitation, property division, pre-nuptial agreements, separation agreements, co-habitation agreements, divorce proceedings, restraining orders and the division
of business assets are all handled
with empathy and efficiency.
Sometimes parents enjoy
joint custody, where the
child lives
with each parent for roughly an equal amount
of time.
In 2008 our legislature enacted S.C. Code § 63-5-30, which begins, «The mother and father are the
joint natural guardians
of their minor
children and are equally charged
with the welfare and education
of their minor
children and the care and management
of the estates
of their minor
children; and the mother and father have equal power, rights, and duties, and neither parent has any right paramount to the right
of the other concerning the
custody of the minor....»
In some cases, parents share
joint legal
custody, but one parent is designated as having primary physical
custody of the
child,
with the other parent having a set parenting time to spend
with the
child.