How do you make a case for joint custody?
When the parents have a co-operative and congenial relationship, the court is most likely to approve a joint custody arrangement. In that case, the parents are able to set aside their own egos and work together in the best interest of their child. They are generally the authors of their custody agreement. Judges are reluctant to award joint legal custody to parents who do not get along well with each other since every decision may be met with arguments that will only increase stress for the children and the parent with physical custody. It is extremely toxic when one parent uses joint custody to continue to control the other parent.
Co-operative parenting is likely to flow naturally into a joint custody arrangement. Since you need to 'make a case' for joint custody that may indicate that you do or do not have a congenial relationship with the other parent and it is difficult to give advice in that case.
Opinions from contributors: The critical factor appears to be conflict between parents. Withrelatively little conflict between parents, joint custody isassociated with better outcomes for children. Joint custody is not all as pleasant as it seems. Somekids don't really care, but for kids like me… who are use to beingaround both of my parents it is really hard to deal with. I am 17and my parents got a divorce about 2 years ago. Since then I hardlyever see my dad even though my parents have joint custody. If mymom gets mad at my dad then she won't let us (my little sister,little brother,and me) go and spend time with him. She says thatshe only does it because she wants to make sure that he doesn't tryto hurt us in any way, but I don't think that is the case. Thisalso goes the same for my dad. If he gets mad at my mom he won'tspend time with us he will just make up excuses. He does it to tryand hurt my moms feelings but he is really hurting us. Going fromone house to another is not fun either. Because you have to letyour friends or any one wants to see you who house your staying atand that is a pain in the butt. So all these experts think theyknow every thing but they don't because half of them have neverbeen in a situation like us kids have to go through. It is easy to find research supporting both sides of this question.Joint custody (50/50) sounds great in theory but is difficult andoften harmful to the child. Living in two different places makes itdifficult for the child to find the stability they need. Where dothey call home? It also takes two parents working together 100% ofthe time to establish consistent rules, moral values, and eventhings as simple as bedtimes. True joint custody may be appropriatein those cases where the parents stay good friends and divorce ongood terms. In my case, my wife left the kids and I for a muchyounger lifestyle that is not kid friendly. I am so thankful I wasawarded primary physical custody. Joint custody would not be in thebest interest of the kids. I find it hard enough to deal with myex-wife allowing our 4 and 8 year old stay up past midnight,watching R-rated movies with them, and trying to be more of a coolfriend than a mom. It would be so much worse if custody was on a50/50 basis. Joint custody is the ideal when it is amicable. If all parentswould behave in the way a responsible adult should, it would be amuch happier and peaceful environment for children who have nochoice in the matter. (MORE)
Answer . No, although it was rare in the past. Divorced families in times past sometimes worked out arrangements that were equivalent to modern joint\ncustody (Ricci, 1981).\n. \nFor example, the Maryland Court of Appeals considered a case in 1934 in which the child had approximately equal time… with each parent, although the term joint custody had not yet been invented.\n. \nJoint custody began to increase in the late 1960s and 1970s, as courts found maternal preference laws to violate the 14th Amendment guarantee of equal protection under the law (Roth, 1976).\n. \n. \n[This answer was excerpted from "Questions and Answers About Joint Custody" by Rick Kuhn.]\n. \nReferences:\n. \nRicci, I., Mom's House, Dad's House. Macmillan, 1981.\n. \nRoth, A. The tender years presumption in child custody disputes.\nJournal of Family Law, Vol. 15, 1976.\n. (MORE)
Moving Out of State This is all dependent on the State in which you live. I am a paralegal and also a mother that has joint custody with the father and I have legally removed my children from the state where we all lived. There should be a portion of your Parenting Plan/Domestic Relations Affidavit… that directs you on how you are to handle this. If there is not, you need to call the clerk of the court in the county where the custody papers were issued, and ask what you need to do. In MOST states, you have to send the other party a certified, registered, return receipt letter stating the city and state that you are planning on relocating to. The opposing parent has 30 days to respond, in writing. If they do not, you are free to go. If they do respond and it goes to court, you generally have to prove to a Family Court judge that the benefits of moving the child far outweigh the detriment that the lack of the second parental involvement would have Read on for more input from Wiki s contributors: . Watch out if you have joint custody and you live in the same county. He can take you to court and make it where you can't leave the state. But if you have a man that wouldn't do that, it's more likely he will have them for the Summer and maybe Christmas here and there. . You made an legal, binding agreement. Live with it, or surrender custody. . If you have joint then you will need to let the father know that you are planning to leave, But he can take you to court and make you stay in the same county. If he doesn't mind and lets you go then sure but if he takes you to court them you might have to stay, it's up to the judge then. If you just go he could call the cops about you stealing the child. . Any lawyer would have to prove that either it is in the best interest of the child or not the best interest of the child. Also one point to be taken into consideration is if there are other siblings that are not by that father as well. The courts will find it is best to keep siblings together. With an agreement of liberal visitations there should not be any problems if you both can work it out in that manner. Also another fact is that if the physical placement is with you and the child knows you the best, the judge may also look at the fact that if the mother is not happy the child will not be happy and this situation could disrupt the whole family long term. Consult with an attorney because to prove it is not in the child's best interest is what the other party needs to do. (MORE)
\n Geographical Limitations \n. \nAlmost any significant "change of circumstances" can require you to go back to court, if you can't work it out between you.
If you have joint custody do you have say when your ex-spouse gets a roommate who in your case will be closer to your child's room than his father?
Answer . \nDoes your ex-spouse have any say in whom you date?\n. \nUnless you can prove that your child is in danger by this situation, you have no say.\n. \nYou may want to speak to a local law officer about your concerns and check the online sex registry at your state police web site.
If a father is seeking joint custody and the mother has been served court papers what rights does the father have until the case goes to court?
It depends if you've made an effort to support your child. If you ran away from your responsibilities and didn't pay that child support then those are marks against you in the court system. If the mother refused to take any money or refused to see you the courts will take this into consideration. At… the present time you have no custody at all, and unfortunately, you have no rights until this case comes before a court of law. (MORE)
Answer Most father's have a lot of rights. If the father is into drugs, hangs out with the wrong crowd, is an alcoholic, has been connected with sexual abuse (not accusing you of any of these things) then he would be granted joint custody of his children. Most courts want the children to see both p…arents. To children when parents divorce it's tough on them and it's still "mom and dad" to them. Both of you should be mature enough to do what is right for the children and get over the frustrations and anger of past history in your relationship. Good luck Marcy A good father has just as many rights as a good mother in the eyes of the court. The best advice during a custody battle is to remember what's best for the child(ren). The courts will give custody to the parent that is more willing to work with the other 9 times out of 10. If the judge sees that one parent isn't willing to work on simple issues with the other then that parent will more than likely get less visitation. In what state? (MORE)
Answer . \nA custody order can only be granted by one court usually in the state where the child presently resides.\n. \nJudges are very reluctant to grant joint custody when the parents live in separate states.\n. \nThe usual procedure is for one parent to be granted primary physical custody …and both parents sharing joint legal custody.\n. \nThe parent not having primary custody would be responsible for making his or her travel arrangements and living accomodations (or that of the child depending on the age) during visitation unless there is a different agreement made with the primary custodial parent. (MORE)
well to u and the person that askd how can u get sole custody if you have joint custody is to fight it in court show ur good points and views and explaine y ud b a better guardian if u had sole custody
When it pertains to custodial issues related to minor children all US states have laws that allow for sole and joint custody by the biological parents.
This is a legal motion called a Pendente Lite (PDL for short). The motion could be about a number of issues, including Child Support or Custody Visitation until the Custody Case is completed.
My sons father has a few domestic violence cases on his record and went to jail and rehab now he wants joint custody is that possible?
Yes in some states and counties it may be possible for the fatherof your sons to obtain joint custody despite his past criminalrecord of domestic violence and rehabilitation which could alsohelp him.
Being in contempt of court can help the other party gain custodybut does not automatically guarantee it. Many times a mediator orguardian has to be assigned to change custody. Attorneys and judgesalso get involved in this decision.
In the event of a divorce, several states have laws concerning thepresumptive joint custody of any children involved. The District ofColumbia, Idaho, Iowa, Kansas, Florida, Louisiana, New Hampshire,New Mexico, Minnesota, Missouri, Montana, and Texas all havepresumptive joint custody laws while many …other states have lawspreferential to joint custody when both parents agree to it. (MORE)
You can petition the court that has jurisdiction for a modification of the custody order. The court will hear the testimony, evaluate the situation and render a decision that is in the best interest of the child. In many jurisdictions there must be a significant change in the circumstances in order …for the court to modify the standing custody order. The parent seeking sole custody would need to provide evidence that the present arrangement is detrimental to the child. (MORE)
Yes if ordered by the Judge. But usually they will have a primary residence. Visitation is listed in the order or the other parent. If you don't have an order of custody or it wasn't addressed, you can always file a motion to have it changed.
go to court and ask for it, tell them i want the joit custody of my boy/girl and state your case and say i love him/her... and so on
Joint legal custody indicates that both parents have the right to make joint decisions on the raising of a child (education, health care, etc.). If there are conflicts in such decisions then it is only applicable if such disagreements are reasonable in the eyes of the court. If they are deemed "unre…asonable" then the parent with primary physical custody or the court makes such determinations.. Partial physical custody, indicates that the child spends a portion of his or her time (specified or otherwise) with the parent (weekends, holidays, summer vacation, etc.) but resides the majority of time with the primary custodial parent. (MORE)
I believe "please don't quote me" that it is considered where the child has been residing and/or raised. One of the biggest rules in family court is "best interest of the child/ren", generally unless the environment that the child is living in is unhealthy,unsafe,and/or detrimental to a child the co…urt considers those first but weighs towards not disrupting a child's place,"home" of emotional and physical stability. They tend to feel it is best if the child remains in his/her home. (MORE)
For a babysitter, the parent in possession of the child. For legal daycare, a percentage based on differences in income.
You file for it. If you want to learn how to do all this go to Dads House in Yahoo Groups. Upon joining, you will receive a link for downloading a 200 page educational manual that can teach you what you need to know. Take the time to learn what you can and should do. see link below
JOINT PHYSICAL CUSTODY . A Motion for Custody has to be filed whether it be J oint Legal, Joint Physical, or Bird Nest Custody . In all, the father has to be prepared to deal with the same challenges as he would attempting a Full Custody of his child(ren). Joint Legal Custody is pretty mu…ch the standard in most every American State, but Joint Physical is more difficult. Bird Nest Custody requires almost unprecedented cooperation and commitment to the children. Please note in this regard, James Cook, the founder of the Joint Custody Association , and original Joint Custody Legislation author, passed away in Los Angeles, CA on March 28, 2009. His material can be found in a free Fathers Rights Educational Manual at Dads House in Yahoo Groups . Upon joining, you will receive a link for downloading the 200 page manual, in pdf format, that can teach you what you need to know. Take the time to learn what you can and should do. See link To prepare for any type of custody challenge, see Related Question (MORE)
When sharing custody with a parent, it is important to prepare forchallenges. A person needs to have back up babysitters, and aworkplace that is understanding of the challenges set before them.
By petitioning the court to give joint custody to the parents. In most state, Joint Legal Custody is the standard. If you mean Joint Physical Custody, with 50/50 Custody, this is more complicated, requiring preparation similar to petitioning for full custody.
Details may vary from state to state and you will want to get it back by the time specified. Basically, if want joint custody you respond that you agree to it, and if you do not, you should consult with an attorney in your area as to how to respond.
You withdraw your petition, but the other parent can object or counter file. If the parents are not together, there needs to be a court order, even if only mediated, which can be far cheaper to achieve. see link
What can happen in a joint custody case when on parent re-marries into military and has a new child and then is ordered to move through that marriage?
The remaining parent takes primary residential, or you agree to long distance visitation. see link
Joint custody is a form of legal custody. . Sole Custody: One parent has full custody and control while the other may have minimum limited access. Joint Legal Custody: Similar to Sole Custody, but with a little more access right, as well as the right to be consulted in matters regarding the chil…d, but as a working model, really has little difference. Joint Physical Custody: The parents are the children equally in all matters, including decision making. Bird Nest Custody: Similar to Joint Physical, except the children remain in the home and each parent lives there for a designated period of time, than switch. (MORE)
Custody labels change depending upon the jurisdiction in which you reside. It is important to know and understand the proper custody labels and have them applied in your child custody order. Generally there are two main categories of custody: . Legal Custody: Legal custody refers to making ma…jor decisions in your child's life such as medical and health related decisions, education, and welfare. . Physical Custody: Physical custody refers to which parent the children reside with on a day to day basis. Sole Legal One parent has the right to make any decisions that affect the child. Joint Legal Both parents have the right to be involved in decisions regarding the child. Sole Physical The child resides with one parent who is said to have primary physical custody. The other parent may or may not have visitation rights pursuant to a visitation schedule either issued by the court or arranged by the parents. Joint Physical Arrangements are designed that provide the child will spend 50% of their time with each parent. Child support is modified based on this time split and the differences between their incomes. Generally the phrase full custody is used to refer to a parent with sole legal custody . Sole legal custody means that the parent has the right to make all decisions that affect the child. That includes such things as where the child resides, attends school, medical treatment, etc. Joint legal custody means the parents both have an equal right to make decisions regarding the child and one must consult the other before making important decisions. Primary physical custody refers to the parent with whom the child resides the majority of the time. (MORE)
Parents who don't live together have joint custody (also called shared custody) when they share the decision-making responsibilities for, and/or physical control and custody of, their children. Joint custody can exist if the parents are divorced, separated, or no longer cohabiting, or even if they n…ever lived together. (MORE)
There are rules for all adults who have custody of children, joint or otherwise, fathers or otherwise. To find the custody rules for your area of jurisdiction you will need to contact your local authorities. Any child welfare organization will be able to help you with contact details.
File a motion to appear in the Family Law Branch of the Civil DIvision of your local Circuit Court. When your hearing is granted be well prepared with good sound legal resasoning as to why the custody of the person you are challenging should be ended or altered, and custody awarded to you. It would …probably be best if you retained an attorney to assist you with any such action. (MORE)
By determining that the right of a parent to primary custody of the child supersedes the best interest of the child.
If you marry and take joint custody of children of your wife will you be required to pay child support in the case of a later divorce?
Unless you adopted your wife's children, you should not be required to support them after the divorce.
That depends on whether the other parent has visitation rights. If so, you cannot remove the child without the other parent's consent or/and court approval. That depends on whether the other parent has visitation rights. If so, you cannot remove the child without the other parent's consent or/and c…ourt approval. That depends on whether the other parent has visitation rights. If so, you cannot remove the child without the other parent's consent or/and court approval. That depends on whether the other parent has visitation rights. If so, you cannot remove the child without the other parent's consent or/and court approval. (MORE)
Parents with joint custody share all rights and responsibilities when it comes to the children of the marriage. They must make major decisions (i.e. medical, education, etc.) concerning the child. This requires a great deal of cooperation between the parents but has been found to be the best situati…ons for the raising of children. (MORE)
Yes. If you are legally separated then you are still married and both parents have equal rights and obligations to the child. The court can issue a support order, custody order and visitation order if necessary. You should consult with an attorney to determine your options under your state laws. Ye…s. If you are legally separated then you are still married and both parents have equal rights and obligations to the child. The court can issue a support order, custody order and visitation order if necessary. You should consult with an attorney to determine your options under your state laws. Yes. If you are legally separated then you are still married and both parents have equal rights and obligations to the child. The court can issue a support order, custody order and visitation order if necessary. You should consult with an attorney to determine your options under your state laws. Yes. If you are legally separated then you are still married and both parents have equal rights and obligations to the child. The court can issue a support order, custody order and visitation order if necessary. You should consult with an attorney to determine your options under your state laws. (MORE)
A lawyer will go to the judge and request that the other party be compelled to do something that is in the established custody plan. If the other party still does not abide by the judge's order, they may face jail time.
Does the court take into account that the custodial parent files joint taxes with new wife and makes more then the non custodial parent that cant afford it?
Probably not - in general, child support is a percentage of the obligor's net income. A new spouse, whether married to the obligee or obligor, should not increase or decrease the child support obligation. As one of the child's parents, you are liable for at least a minimal amount of support regardle…ss of the obligee's resources. (MORE)
There are three types of joint custody. . Joint Legal Custody Similar to sole custody, whereby one parent still retains primary residential custody and control of the children. . Joint Physical Custody Otherwise referred to as Split Custody, each parent has residential custody and control… of the children 50% of the time. . Bird Nest Custody The children remain in the family home and each parent resides there for a designated period of time, then switch. (MORE)
By filing for custody modification in the court with jurisdiction, then prove to the court why it would be in the best interests of your child to award joint custody.
First, you should be represented by an attorney if you want the best results possible. The attorney will answer the complaint for you. If you can't afford an attorney you should visit the family court promptly and ask if there is an advocate who could advise you how to file your answer. First, you …should be represented by an attorney if you want the best results possible. The attorney will answer the complaint for you. If you can't afford an attorney you should visit the family court promptly and ask if there is an advocate who could advise you how to file your answer. First, you should be represented by an attorney if you want the best results possible. The attorney will answer the complaint for you. If you can't afford an attorney you should visit the family court promptly and ask if there is an advocate who could advise you how to file your answer. First, you should be represented by an attorney if you want the best results possible. The attorney will answer the complaint for you. If you can't afford an attorney you should visit the family court promptly and ask if there is an advocate who could advise you how to file your answer. (MORE)
There are different types of joint custody but in all types, where the child lives is determined by the court is the parents cannot reach an accord. You can't "make" your son live with you in violation of a court order. However if he or the other parent is in violation of court ordered custody, you …can file an action in court for contempt against the other parent. They may be fined and or jailed as a result and if the contempt continues, custody modified in your favor based on that. (MORE)
That phrase is in error. Sole custody means that one person, usually a parent, has full legal and physical custody. Joint custody means that both parents share legal custody although the child may live with one parent who has physical custody. That phrase is in error. Sole custody means that on…e person, usually a parent, has full legal and physical custody. Joint custody means that both parents share legal custody although the child may live with one parent who has physical custody. That phrase is in error. Sole custody means that one person, usually a parent, has full legal and physical custody. Joint custody means that both parents share legal custody although the child may live with one parent who has physical custody. That phrase is in error. Sole custody means that one person, usually a parent, has full legal and physical custody. Joint custody means that both parents share legal custody although the child may live with one parent who has physical custody. (MORE)
As concerns decisions in the child's life, both parents are custodial. They would both have the legal responsibility to decide for their child. As concerns the child's living arrangements, joint custody can mean a variety of very different arrangements that deal with splitting the time a child ge…ts between the father and his mother. Typically, unless there is strong evidence against the mother, courts give the mother a larger portion of the child's care due to the belief that the child needs its mother more than its father. Depending on the physical distance between the father and the mother this can result in the joint custody being shared in the following ways. 1) Weekend Access: Mother gets Monday-Friday and Father gets Saturday-Sunday every single week. This typically works if the parents are within 30 minutes of each other. 2) Bi-Weekend Access: Mother gets all Monday-Friday periods and every other weekend and Father gets he remaining weekends. This typically works if the parents live within 90 minutes of each other (driving). 3) Summer Exchange: Mother gets the child through the entirety of the school year (September-June) and Father gets the remaining months (July & August) with the child. This typically works for parents who would require a plan flight t reach each other. Note: This is not exhaustive and should not be construed as legal advice. For legal advice, please find an attorney to represent your interests. (MORE)
This should be spelled out in the parenting plan. If it isn't, have something drawn up and put in. Generally, If you are leaving town for less than a period of time [48 hours in WA] you can leave your child with your SO or a family member without asking your ex. If longer, you need to give your ex t…he "right of first refusal." They can take the child for that time (and do not have to trade you for some of your days), or they can say they don't mind, and you can leave the child with your SO or family member. (MORE)
It means the defendant has failed to appear, is missing or escaped. An arrest warrant will be issued for the person.
Joint custody of a child can be decided by the parents whereby they share responsibilities for the child. Schedules can be worked out so the child spends time with both parents. Courts can also decide to award parents joint custody in the case of legal disputes and indeed some states have a preferen…ce for this in law. (MORE)
They mean the same thing . The parents share legal and physical custody of the child. See related question. They mean the same thing . The parents share legal and physical custody of the child. See related question. They mean the same thing . The parents share legal and physical custody of t…he child. See related question. They mean the same thing . The parents share legal and physical custody of the child. See related question. (MORE)
You need to return to the court and file a petition for modification of the custody order. The court will schedule a hearing and render a decision.