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joint custody means both parents have custody of the children and all decisions concerning the children have to be a joint decision... including trips out of the state. I have not heard of access... I am thinkgin access is giving the non custodail parent visitation rights. Research the Laws for your state.
Wiki User
∙ 14y ago
Wiki User
∙ 11y agoJoint custody is two parents sharing physical and or legal custody of minor children.
Guardianship is when a person who is not the legal parenthas physical and legal custody of the minor. However, a guardian can be appointed for a person of any age who cannot manage their own affairs.
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What are the release dates for Joint Custody - 2005 TV?
Joint Custody - 2005 TV was released on: USA: 2005
What are the release dates for Joint Custody A New Kind of Family - 1984?
Joint Custody A New Kind of Family - 1984 was released on: USA: May 1984
How do you write a justification for joint custody?
see link
How do courts determine when to award joint custody?
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.
What is the difference of Parental or custodial rights?
A guardian must be appointed by the court pursuant to a petition for guardianship and has the legal authority to care for another individual's person and/or property. In the case of minors, a guardian is someone other than a parent. In the case of an adult, a parent can be appointed as their guardian.Custody, in this sense, refers to the care and control of a child awarded by the court usually to one or both parents. The parent who is awarded custody of a child is not referred to as their guardian.
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.
How would a stepmother get custody of husbands child if he was incarcerated but has joint custody of him?
She would have to petition the court to be appointed the temporary guardian. If the biological mother has joint custody or is available to take the children the custody will automatically go to her unless she has already been deemed unfit or consents to the guardianship.
Can incarcerated mom give temporary guardianship to a family member if she has joint custody of child?
No, the fathers rights comes first as a custodial parent.
Can grandparents become the legal guardian for grandchildren?
No. Non-parents must file for guardianship. Generally, the court will not appoint a non-parent to joint custody with a parent. Either can file a petition for guardianship but the parents rights would have to be terminated by the court in favor of the guardianship. Therfore, the proposed guardian needs the parents' consent or they need to provide evidence to the court that the parents are unfit. You should consult with an attorney who specializes in child custody cases.No. Non-parents must file for guardianship. Generally, the court will not appoint a non-parent to joint custody with a parent. Either can file a petition for guardianship but the parents rights would have to be terminated by the court in favor of the guardianship. Therfore, the proposed guardian needs the parents' consent or they need to provide evidence to the court that the parents are unfit. You should consult with an attorney who specializes in child custody cases.No. Non-parents must file for guardianship. Generally, the court will not appoint a non-parent to joint custody with a parent. Either can file a petition for guardianship but the parents rights would have to be terminated by the court in favor of the guardianship. Therfore, the proposed guardian needs the parents' consent or they need to provide evidence to the court that the parents are unfit. You should consult with an attorney who specializes in child custody cases.No. Non-parents must file for guardianship. Generally, the court will not appoint a non-parent to joint custody with a parent. Either can file a petition for guardianship but the parents rights would have to be terminated by the court in favor of the guardianship. Therfore, the proposed guardian needs the parents' consent or they need to provide evidence to the court that the parents are unfit. You should consult with an attorney who specializes in child custody cases.
In Texas when the child's mother dies does the joint custody father get custody?
Properly, yes, however there can be complications. If the mother names some other person guardianship, the father could be facing an expensive custody challenge. This issue should be clarified in the custody orders. see links below
Can you write a will that gives guardianship of your daughter to someone else even though the fathers name is on the birth certificate but he doesn't have full or joint custody?
Yes, but he can challenge, which he should.
Can you move out of the school district if you have joint custody?
Not with joint physical custody.
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.
Can a mother who has joint physical custody of her son pierce his ears without the consent of the father?
If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.
If you have Joint Physical Custody and Joint Legal Custody would one of the parents have to pay Child Support and if so which one?
The one earning the greater amount, however it would be based on the difference in the incomes, rather than the gross.
What happens when a cutodial parent is denied joint custody of a minor child?
WHY, were you denied joint custody? There must be some reason that a custodial parent would then be denied joint custody.
Is a parent with joint custody the same as a custodial parent?
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 child, 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.
