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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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โˆ™ 2015-07-15 20:45:11
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Q: How do courts determine when to award joint custody?
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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.


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

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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.


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

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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


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