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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.
When the parents have a co-operative and congenial relationship, the court is most likely to approve a joint custody arrangement. In that case, the parents are able to set aside their own egos and work together in the best interest of their child. They are generally the authors of their custody agreement. Judges are reluctant to award joint legal custody to parents who do not get along well with each other since every decision may be met with arguments that will only increase stress for the children and the parent with physical custody. It is extremely toxic when one parent uses joint custody to continue to control the other parent.
Co-operative parenting is likely to flow naturally into a joint custody arrangement. Since you need to 'make a case' for joint custody that may indicate that you do or do not have a congenial relationship with the other parent and it is difficult to give advice in that case.
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Will a judge easily award physical joint custody over a newborn child?
Depends on the argument, but Bird Nest Custody may be better. see links below
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.
What is the law on child abandonment in Florida?
What is the time line for child abandonment for a non custodial parent? My husband was given temporary full custody of a three year old and five year old in December 2008. The mother was only allowed to have supervised visitation. She maintained off and on contact until May 2009. She has not called or made any attempt to contact the girls since May. How long do we have to wait to file abandonment?
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 is joint custody of a child decided?
Joint custody of a child can be decided by the parents whereby they share responsibilities for the child. Schedules can be worked out so the child spends time with both parents. Courts can also decide to award parents joint custody in the case of legal disputes and indeed some states have a preference for this in law.
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 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 you make decisions for your child regarding such things as religion and doctors if you have primary physical custody?
Not if there is joint legal custody. You should consult with an attorney to determine your rights under the laws in your state.Not if there is joint legal custody. You should consult with an attorney to determine your rights under the laws in your state.Not if there is joint legal custody. You should consult with an attorney to determine your rights under the laws in your state.Not if there is joint legal custody. You should consult with an attorney to determine your rights under the laws in your state.
If you have joint custody and remarry and want to leave to the state of IL do you have to ask the courts or your ex?
Yes you will have to take the courts permission in writing.
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 does joint joint custody affect child support in Washington State?
Child support is determined according to state guidelines and physical custody is one of the factors used to determine the amount.
What are chances of a biological father who is not on the birth certificate very rarely sees baby 2 yr old doesn't pay child support have of getting joint custody or even over night visitions?
It is likely the court will award a visitation schedule since courts want to maintain a relationship between children and their biological parents. Joint custody will be determined on a case by case basis by a judge and state laws. The mother should request a child support order at the same time. The two issues are not related in the view of the courts.It is likely the court will award a visitation schedule since courts want to maintain a relationship between children and their biological parents. Joint custody will be determined on a case by case basis by a judge and state laws. The mother should request a child support order at the same time. The two issues are not related in the view of the courts.It is likely the court will award a visitation schedule since courts want to maintain a relationship between children and their biological parents. Joint custody will be determined on a case by case basis by a judge and state laws. The mother should request a child support order at the same time. The two issues are not related in the view of the courts.It is likely the court will award a visitation schedule since courts want to maintain a relationship between children and their biological parents. Joint custody will be determined on a case by case basis by a judge and state laws. The mother should request a child support order at the same time. The two issues are not related in the view of the courts.
Will a judge easily award physical joint custody over a newborn child?
Depends on the argument, but Bird Nest Custody may be better. see links below
What happens when a father wants joint custody of his son but child does not want to be in the joint custody of his father?
The court will decide what's best for the child according to the laws of the jurisdiction and the facts of the situation. The courts does not allow a child to make such decisions.
Can you move your child out of Texas being primary consevater when you share joint custody?
Only with the other parent's and the courts permission.
How can a vile wreckless drug addicate get joint cusdoty?
Sadly, many times a vile wreckless drug addict can get joint custody of a child if the courts are not aware of the drug problems. If the child is in danger, speak to an attorney to get the custody order changed.
