If every other day is working well, I wouldn't change it. I have joint custody of my children as well, but we do every other week. Every Friday, at 7pm we change. This seems to work well, We plan our family events on the weekend we have the kids. My ex-husband and I work out special weekends, if we have plans for the kids, we will switch weekends. My husband and my ex-husband get along with each other, so we seem to work things out between us and special events.
I am 13 and i stay at my dad's house fri night-sun night 3 weekends out of the month and i have 2 days in each month that i go have dinner or spend the day with him the other weekend i spend with my older sister and husband and the rest of the time is with my mom.My parents get along pretty good so if there is something special i am allowed to choice to go or not go.
see links below
Yes. It is possible for joint custody to be awarded under such circumstances. Two of the biggest factors would be the age of the child or children and the viability of the parenting plan submitted to the court that outlines the arrangements for the transportation of the child or children between the custodial parents.
"Sole" or "primary" residential custody can mean something very different to a particular parent. "Residential custody", also referred to as "physical custody", refers to where a child sleeps overnight. A parent has "residential custody" when their child sleeps at his/her house overnight, even though the child may have spent the entire day with the other parent. Residential custody should be thought of as a parenting plan agreed to by both parents, or imposed by a judge, which describes where a child sleeps. "Joint custody" is made up of two separate pieces: (1) a nearly equal division of residential custody, and (2) joint legal custody. The first piece, residential custody may, does not always, mean that a child spends equal overnights with both parents. Joint custody always does mean that the parent whom the child is with, has right and obligation to provide a home for that child and to make the day-to-day decisions that are necessary when the child is in his/her custody. The second piece, "joint legal custody", always does mean that both parents have the exact equal obligation and authority to make long range decisions about education, religious training, discipline, medical care, and other matters of major significance for a child's life and welfare. When parents have joint legal custody, neither parent's rights are superior to the other. "Shared custody" is a numerical analysis Maryland law uses only for child support purposes. Parents have "shared custody" when one of them has a child in his/her residential custody for 35% or more of the overnights in a 365 day period. When "shared custody" exists, the amount of child support paid is substantially reduced in most circumstances. The reasoning is that because the party who is required to pay child support has the child with them overnight frequently enough, that they are paying for more of the child's needs while in their own home. So they need not pay as much child support over to the other parent.
You can but it would not be wise. The Custody Interrogatories Form in the state of N.J gives the judge a idea of how you plan on rasing the child if you were awarded custody.
Why won't the attorney do it. There are several factors in writing one, beginning with the type of custody, as there are four.SoleJoint LegalJoint PhysicalBird NestDo you plan to now represent yourself in the case? What you can check into is using a Document Preparation service, or hire a Paralegal to do it, which is who would be doing it for the attorney.
* The insurance plan of the parent with legal custody of the child. * The plan of the spouse of the parent with legal custody of the child. * Last is the plan of the parent who does not have legal custody of the child. * ** There can be some discrepancy, depending on a court decree, if there are no specific terms on a court decree (stating only that the parents share joint custody), the benefit determination would be the same as the first bullet above where if the parents are not separated or divorced, the insurance of the parent whose birthday occurs first in a calendar year is considered the primary insurance while the other paren'ts benefits are considered the secondary coverage.
When a child is taken by the state, the parents have to follow a case plan to ensure safety of the children. Children go into state custody in cases of abuse and neglect.
yes, you can in most states you can contact state agency and say you would like to give up custody of your child either permenantly or temporarily but you would probably have to follow a case plan of some sort to get custody back
When parents separate, whether married or unmarried, custody of all children will need to be established. Parents who agree on child custody will need to file a parenting plan with the court that outlines the conditions of custody. When parents cannot agree on custody of the children, it will be left for the courts to decide. When a judge has to determine custody, in most states he will set it based on what is in the best interest of the child. When deciding what would be in the best interest of the child, the judge will look at many different factors. First, the judge will look at where the child currently resides. Where does the child attend school? Is the home a safe environment? The judge will also look at the relationships the child may have with siblings and other relatives, and which parent will be better able to maintain those relationships in the future. Rarely will a judge separate siblings. The parent who is the primary caregiver of the child will usually get preference. This is the parent that bathes the child, drives the children to school and other events, who attends parent teacher conferences, and most other responsibilities involving direct contact with the child. Parents who can determine custody themselves can choose to share custody of the child. Joint custody is when both parties are equally responsible for decision making. Though both parents make decisions regarding the child, the child will not necessarily spend an equal amount of time with each parent. The parent with whom the child spends the most time has primary physical custody of the child. When one parent is responsible for the decision making, that parent has sole custody. When a parent is given sole custody, the other parent is almost always granted visitation. Visitation is set in a parenting plan and will outline times the children are to spend with the noncustodial parent. This will include weekends, breaks from school, and a schedule for the holidays. Custody issues can be the most difficult part of any divorce proceedings, and can become very painful for everyone involved. Children can also suffer during these times, so be sure that their needs are being attended to and that they are not being used as pawns between the parents.
Give the other parent primary custody. Otherwise, provide substantial evidence this will benefit the child, establish a long distance parenting plan, and offer a $5000-$10,000 secured bond that forfeits in the event of violation of access rights. see link
It would be based upon which parent has primary physical custody.
The father has as much legal right to the child as you do. You cannot simply choose to raise the child alone if the father has a desire to be involved in the child's life. As long as the courts don't find him to be a danger to the child, he will at least be awarded visitation and at most partial custody. In regards to the other child, the judge will definitely take that into consideration. If he can show that he's providing good quality care to the other child, it will stand as proof that he is qualified to raise a child. If the quality of care he's providing is poor, it might hinder his case. It's entirely up to a judge.
yes, in most states now they do not give sole custody to one parent it is joint custody with physical custody to the parent the child lives with the majority of the time. You may also have to do a parenting plan which is a courts decision to grant on how the time will be divided who they will live with and who pays child support.AnswerThis should never be a contest for the best parent, the most time, save child support, or any other nonsense. Don't lose sight of the overall goal, which is for parents to create a stable life for the child with balanced relationships. As they get older children have friends and school activities they are most interested in. In my experience, the best thing divorced parents can do for their children is to develop a amicable relationship, including honesty and integrity, in their parenting style. I am not saying it is easy, but if you start out acting "as if," it will happen. (I did it; had a wonderful experience 15 years later at child's wedding)See related question link.
Yes, if:- The father retains sole physical custody of the child, the mother has visitation rights and took the child out-of-state during a time she did NOT have visitation with the child; OR- The father retains sole physical custody of the child, the mother has absolutely no parental rights to the child and took the child out-of-state at any time.No, if:- There is a custody arrangement in place, whether as a written or oral agreement between the her and the father, or as an Order for Child Custody, and the mother retains primary or joint (equally shared) physical custody of the child; OR- There is no custody arrangement in place between her and the father, and there is no Order for Child Custody in place, but she retains primary or sole physical custody of the child and/or the father never bothered to petition for custody; OR- There is a custody agreement in place between her and the father, or there is an Order for Child Custody, and the father retains primary or sole physical custody of the child, IF the mother has visitation rights and chose to take the child out-of-state while she had visitation with the child;- Just about any other scenario, other than the two described above under "yes," not otherwise described here.To sum this up, no, the mother probably cannot be charged with parental kidnapping simply for taking her child out of state. The mother has a legal right to travel wherever she chooses with her child unless a court tells her otherwise. In fact, the mother may move out-of-state with the child permanently if she so chooses, and there is nothing the father can do.The fact that the mother and the father were never married is completely irrelevant. The only difference between unmarried parents and divorced parents, is that divorced parents usually submit a custody plan to (or, more often, one parent receives an Order for Primary Physical Custody from) the family court, which explicitly outlines which parent has custody and which has visitation. If the parents never married, and the child lives with the mother, she is the custodial parent (which means she has primary physical custody of the child) and she can take the child wherever she pleases, whenever she wishes. The father has no legal claim to or right to control how the mother cares for the child while she retains custody, and the mother is certainly not required to seek permission or even notify the father of her intent to leave the state with her child so long as she retains custody,
You can move within the state without permission from the court or the other parent but the court order of shared custody have to work so that would mean you will have to plan so it works.
If a father finds out he is the biological father of a child, he has as many rights to the child as the mother does. He can take the mother to court for custody or to set up a parenting plan.
If there was a legal divorce and division of marital property, the custody of the child(ren) MUST have been addressed in the divorce action. Check your divorce papers carefully. If it somehow happened that it was not addressed at the time of divorce, and you do not wish the father to have custody, you can go back to court and re-open the child custody portion of divorce proceedings, and a judge will make a determination as to who is the more 'fit' parent for primary custody.As long as the parenting plan is filed, yes. But, there are far more issues to be addressed if the father is not married to the mother. see link
Immediately, ESPECIALLY if she has full custody or the time you plan to spend out of state is part of the time she is supposed to have the child.
Being married is not necessarily a reason the judge would take away custody from the other parent if they have found that living with both parents is in the child's best interest. Being a single parent can also be considered a stable home. Whether it matters if he is a felon or not depends on what he has done.
in what way?
To successfully obtain your custody rights, the first step is to acquire all of the knowledge that you can about how to present yourself and your custody case to the court and/or the custody evaluator.It is important to be proactive in your case and not rely upon an attorney or the court system to do your work for you. You will be very disappointed with the outcome if you don't take control of your case from the start.First consider what type of custodial plan will serve the best interests of your children. Then, start your preparation to convince the Judge or Custody Evaluator that your plan is the one that will benefit your children the most.Neither the Judge, nor the evaluator is interested in clever arguments from your lawyer.They want to know who YOU are and why they should give YOU all of the custody rights that you are seeking.Parents often believe that if they are a "Good Mom or Dad," their rights will be protected. It doesn't work that way.After 30 years of litigating custody cases, I can assure you that unless you personally have the knowledge about what the Judge or evaluator is looking for and how to present that information in a manner in which they will be receptive, you may as well save your time and money and not pursue an aggressive plan to obtain child custody.Lawyers don't have the time, nor can you afford to pay them their hourly fee, to give you personal training in how to properly present yourself and your custody plan.Read everything you can about how to win custody. There are lots of great books available on the Internet. See related links.Just be certain that you choose books by lawyers and litigation specialists, not a dad or mom who has seen one case or a psychologist who has never presented a case to a Judge.Once you have the knowledge about How to Succeed in Your Child Custody Case, then and only then, file the necessary documents yourself or have your lawyer file the documents for you to commence your custody action. The Clerk's office of most courthouses will assist you with the papers necessary to start your action.
Yes, he does. It doesn't matter what age they are.... Every parent has a right to their child. Take it to court if that's how you think it should be settled. If they have a plan concerning when and where the child is with each parent, take it to mediation. But I won't tell you that the father won't have to pay child support. If he doesn't have custody.... Then he will have to pay child support. If they have shared custody... Well it's up to the mother if she wants child support or not. Mediation can settle that. Court will determine it.
In the state of Tennessee if you have a child while you are in foster care you have to complete a permancy plan before you can take your child with you. If you can provide proof that you can maintain a stable and safe home envionment for you and your child, the state will give custody back to you.
Yes. see link
Joint Implementation Plan