Custody
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What kind of things does the judge look at to order joint custody?

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2005-03-31 04:02:29
2005-03-31 04:02:29

See CA Family Law Code 3040 - 3048 http://www.steveshorr.com/MATTERS_CONSIDERED_IN_GRANTING_CUSTODY.htm#custody many things come into play here. even though not required, a judge would be hard pressed not to consider things such as criminal history, job status, and area of residence. there needs to be a simple stable environment for the child to function well and possibly attend school. get whatever you are seeking in writing signed by a judge and argued by a lawyer. best of luck.

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Related Questions


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.

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.

Not without permission of the judge/court where the custodial order was issued.

That's the common tactic in order to go for full custody, but hopefully the judge will order bird nest custody. see link below

Yes, it can be changed in the court where the custody order was issued.

No, you can not, unless the custody order is modified by the court.

Best Interests of the children. Are you talking about physical custody or legal custody? Visitation schedule? Hopefully the parents can work it out in concilation court. for more details see steveshorr.com ANSWER:: my parents are divorced and live three hours away from each other and have joint custody so it is possible.

The best method is of course working it out together amicably without having to get a Judge to decide for you. You can turn an agreement into an order by submitting it to the court.

Judicial custody is when you are held by order of a judge and are not necessarily charged with anything.Police custody is when you are charged with something and are in the custody of the police.

Whether a restraining order is granted is based on the merits of the complaint, not who filed it. If the judge sees reason to grant the order it will be.

Yes, the judge can over rule the custody order due to neglect on ones behalf.

Joint custody is a court order whereby custody of a child is awarded to both parties. In joint custody both parents are "custodial parents" and neither parent is a non-custodial parents, or in other words the child has two custodial parents.

Either parent can have physical custody in a joint custody arrangement. If there is a court order granting the mother physical custody the father should notify the court of the mother's incarceration and have that order modified unless he wants the mother to resume physical custody when she is released.

Temporary custody is the precursor to the final decision. Therefore, if you have been awarded temporary custody, this may not be the final decision by the judge. The judge will take in all considerations and issue a permanent order that will state the custody arrangements.

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.

If the joint custody order is broken that is breaking the law. Go back to court and let them know.

An unmarried mother has custody of her child until the father has established his paternity in court and requested joint custody.

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.

Support and Custody are separate. So yes if you are behind on child support you can still petition the court for joint legal custody. You would need to show some significant change in circumstances from when the current custody order was entered. However, your failure to pay child support would not compel the judge to rule in your favor since you have shown yourself to be unreliable, irresponsible and in contempt of a court order. You will have to explain your failure to pay court ordered child support to the judge. The amount you owe doesn't go away. Back child support can be taken out of your wages or out of your tax return.

An eighteen year old is an adult and can live wherever he or she chooses. A custody order has no bearing on this.

When you are held on the order of a judge - not necessarily charged with anything by law enforcement.

No. You haven't provided details as to legal custody but it sounds like there is a joint custody arrangement. Generally, in that case the parents must agree on the placement. You should also review your custody agreement or order to see if that issue is mentioned.No. You haven't provided details as to legal custody but it sounds like there is a joint custody arrangement. Generally, in that case the parents must agree on the placement. You should also review your custody agreement or order to see if that issue is mentioned.No. You haven't provided details as to legal custody but it sounds like there is a joint custody arrangement. Generally, in that case the parents must agree on the placement. You should also review your custody agreement or order to see if that issue is mentioned.No. You haven't provided details as to legal custody but it sounds like there is a joint custody arrangement. Generally, in that case the parents must agree on the placement. You should also review your custody agreement or order to see if that issue is mentioned.

You must return to court to petition for a modification of the custody order. You should seek the advice of an attorney who specializes in custody issues.


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