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With regard to child custody, the court must consider what is in the best interest of the child. A felony might hurt a parent's character, but it isn't necessarily a bar to having custody. It just depends on the specifics.
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∙ 12y ago
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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.
Can a parent who shares joint custody move to a different city but is staying within the same state?
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.
What are the release dates for Joint Custody - 2005 TV?
Joint Custody - 2005 TV was released on: USA: 2005
If you have joint custody can your teenager live with either parent?
The guidelines are basically the same in every state but obviously there are a few minor differences. Joint custody consists of Primary Custody & Secondary Custody. The parent with primary custody is who the child lives with & the other parent has secondary custody. Depending on the age of the child & the state in which they reside, the court may let them determine where they choose to live. Or if both parents agree on the child's decision then the child can live with either parent.
Can a parent who shares joint custody move out of state if the other parent objects?
Not without permission of the judge/court where the custodial order was issued.
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 a mother obtain sole custody when joint custody is already in place and the father is ill?
Yes. If there has been a significant change in the circumstances the court reviewed to grant joint custody, the mother can petition for a change in custody. The court will review the evidence and testimony and render a decision.Yes. If there has been a significant change in the circumstances the court reviewed to grant joint custody, the mother can petition for a change in custody. The court will review the evidence and testimony and render a decision.Yes. If there has been a significant change in the circumstances the court reviewed to grant joint custody, the mother can petition for a change in custody. The court will review the evidence and testimony and render a decision.Yes. If there has been a significant change in the circumstances the court reviewed to grant joint custody, the mother can petition for a change in custody. The court will review the evidence and testimony and render a decision.
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 father get joint custody after the divorce is final and the ex-wife has full custody?
He has every right to go back to court to petition for joint custody, yes.
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 a father just take a baby from the mother if they were never married without establishing custody first in Missouri?
No. The unmarried mother has sole custody until the father has established his paternity legally, in court and then requested (and obtained) joint custody and visitations.No. The unmarried mother has sole custody until the father has established his paternity legally, in court and then requested (and obtained) joint custody and visitations.No. The unmarried mother has sole custody until the father has established his paternity legally, in court and then requested (and obtained) joint custody and visitations.No. The unmarried mother has sole custody until the father has established his paternity legally, in court and then requested (and obtained) joint custody and visitations.
Can you move state with kids if father has joint custody?
No, you can not, unless the custody order is modified by the court.
How do you change a joint custody order?
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 divorced parents have joint custody and one of them dies can custody of a minor child be willed to someone else?
No, there is still a parent left with custody. And custody can never be willed. That is for the court to decide. The ones in the will can ask for custody but it is up to the court.
What are the custody laws with joint custody of a 17year old in Mississippi?
The parents or the court decides until the minor is 18.
Can you move out of state with joint custody?
Only with permission from the other parent and the court.
How do I seek joint custody if I only have visitation?
You need to get a lawyer and go to court.
