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There is a great degree of variation among states. Joint legal custody is routine in some states, but joint physical custody is not, and the factors considered by the court for joint physical custody vary significantly among states. Anyone considering joint custody should contact a local attorney regarding this question. About 90% of divorce cases are settled out of court, though, and most joint custody is established this way. Judges will rarely change an arrangement that has been established by the parents.

The legal status of joint custody may eventually change. Supreme Court decisions have found parental rights to be guaranteed by the Constitution. Because a fundamental right cannot be denied without a compelling state interest that cannot be achieved by any less restrictive means, some legal scholars believe that, in the absence of abuse or neglect, parents have a right to both legal and physical joint custody (Canackos, 1981; Robinson, 1985). This theory has not been tested in court.

[This answer was excerpted from "Questions and s About Joint Custody" by Rick Kuhn.]

References:

Canacakos, Ellen. "Joint Custody as a Fundamental Right", Arizona Law Review, Vol. 23, 1981.

Robinson, Holly. "Joint Custody: Constitutional Imperatives", University of Cincinnati Law Review, 1985.

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Q: How do courts determine when to award joint custody?
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Related Questions

Do you have to have sole custody to get child support?

No. Courts routinely award child support in cases where the parents have joint custody.


How is joint custody of a child decided?

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 preference for this in law.


Father has sole custody how do I get joint custody back?

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.


Can you move out of state if you have physical custody and joint custody with the ex?

You'd have to have permission from spouse and from the courts.


Can a father get joint custody for a child if he is separated?

Yes, if the court feels it would be in the best interests of the child to award joint custody.


Can you make decisions for your child regarding such things as religion and doctors if you have primary physical custody?

Not if there is joint legal custody. You should consult with an attorney to determine your rights under the laws in your state.Not if there is joint legal custody. You should consult with an attorney to determine your rights under the laws in your state.Not if there is joint legal custody. You should consult with an attorney to determine your rights under the laws in your state.Not if there is joint legal custody. You should consult with an attorney to determine your rights under the laws in your state.


Child custody laws in the Indiana?

The court may award legal custody of a child jointly if the court finds that an award of joint legal custody would be in the best interest of the child. The court shall determine custody and enter a custody order in accordance with the best interests of the child. In determining the best interests of the child, there is no presumption favoring either parent.This is Indiana Child Custody Law


If you have joint custody and remarry and want to leave to the state of IL do you have to ask the courts or your ex?

Yes you will have to take the courts permission in writing.


Can a mother who has sole custody not allow a father to see his child if he has joint guardianship?

Not without the approval of the courts.


Is it a violation of court order when the mother does not share medical and school information when you have joint custody?

Yes, if you have joint legal custody.Yes, if you have joint legal custody.Yes, if you have joint legal custody.Yes, if you have joint legal custody.


What are chances of a biological father who is not on the birth certificate very rarely sees baby 2 yr old doesn't pay child support have of getting joint custody or even over night visitions?

It is likely the court will award a visitation schedule since courts want to maintain a relationship between children and their biological parents. Joint custody will be determined on a case by case basis by a judge and state laws. The mother should request a child support order at the same time. The two issues are not related in the view of the courts.It is likely the court will award a visitation schedule since courts want to maintain a relationship between children and their biological parents. Joint custody will be determined on a case by case basis by a judge and state laws. The mother should request a child support order at the same time. The two issues are not related in the view of the courts.It is likely the court will award a visitation schedule since courts want to maintain a relationship between children and their biological parents. Joint custody will be determined on a case by case basis by a judge and state laws. The mother should request a child support order at the same time. The two issues are not related in the view of the courts.It is likely the court will award a visitation schedule since courts want to maintain a relationship between children and their biological parents. Joint custody will be determined on a case by case basis by a judge and state laws. The mother should request a child support order at the same time. The two issues are not related in the view of the courts.


How does joint joint custody affect child support in Washington State?

Child support is determined according to state guidelines and physical custody is one of the factors used to determine the amount.


What is the difference between sole custody and sole physical custody when joint legal custody is shared?

Physical custody means that a parent has the right to have a child live with him or her. Some states will award joint physical custody to both parents when the child spends significant amounts of time with both parents. Joint physical custody works best if parents live relatively near to each other, as it lessens the stress on children and allows them to maintain a somewhat normal routine. Where the child lives primarily with one parent and has visitation with the other, generally the parent with whom the child primarily lives will have sole physical custody, with visitation to the other parent. Legal custody of a child means having the right and the obligation to make decisions about a child's upbringing. A parent with legal custody can make decisions about schooling, religion, and medical care, for example. In many states, courts regularly award joint legal custody, which means that the decision making is shared by both parents.


What happens when a father wants joint custody of his son but child does not want to be in the joint custody of his father?

The court will decide what's best for the child according to the laws of the jurisdiction and the facts of the situation. The courts does not allow a child to make such decisions.


Will a judge easily award physical joint custody over a newborn child?

Depends on the argument, but Bird Nest Custody may be better. see links below


If you have joint legal and joint physical custody which parent has more rights?

The parents have equal rights in making decisions that affect the child. That's why judges are reluctant to award joint custody to parents who do not have a congenial relationship. An unreasonable parent can make life miserable for everyone.


Can you move out of the school district if you have joint custody?

Not with joint physical custody.


Can you move out of state if you have joint custody?

no you can move out of state if you have joint custody.


If parents have joint custody can Canadian courts force one parent to allow the other to take a child out of the country?

yes


Can you move your child out of Texas being primary consevater when you share joint custody?

Only with the other parent's and the courts permission.


Do you have 2 be single to apply for sole custody?

Single mothers have sole custody until ruled on otherwise by the courts. The standard minimum ruling is Joint Legal Custody unless there's significant evidence of abuse.


How can you get joint custody or physical custody when mother has sole custody of child?

There is a difference between physical and legal custody. The court can award joint legal custody to the parents and determine that one parent will have physical custody. It can also award joint physical and legal custody with the child sharing her time equally at the homes of the parents. Joint legal custody custody is usually reserved for parents who get along and are willing to raise their child on a solid foundation of cooperation. Couples who do not get along are not good candidates for joint legal custody and that factor will be considered in the decision by the judge. The father can petition for a modification of the custody order but he will need to provide evidence that the modification is warranted, usually by showing there has been a change in the circumstances that caused the judge to award sole custody to the mother. In order to convince the court to take physical custody from the mother, the father would need to provide evidence that the change would be in the best interest of the child based on the unfitness of the mother as a parent. See the related question link for factors the court may consider if asked to declare a parent unfit. He should consult with an attorney who can review the situation and explain both his options under state laws and his chances of success in the particular court. An attorney could present the father's petition in the best possible manner.


How can a vile wreckless drug addicate get joint cusdoty?

Sadly, many times a vile wreckless drug addict can get joint custody of a child if the courts are not aware of the drug problems. If the child is in danger, speak to an attorney to get the custody order changed.


How can the father get joint custody of his child?

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.


If you haven't established custody and the father has moved out of state and is now asking for joint legal and physical custody can he win?

It will be very dificult for the father to have joint legal and physical custody on the gounds that he is not avalible. The courts want the two parents to live in the same area to co-parent. He could if he moved back.