That parent then has the sole right to make decisions about the children's health, education, and welfare. A judge might also grant sole legal custody if one parent:. It's also possible for a judge to order joint legal custody, but designate one parent as the tie-breaker in the event the parents can't agree. This isn't that different from the parent having sole legal custody, but it does encourage both parents to be involved, at least in attempting to come to a resolution.
Physical custody refers to where the children live on a regular basis. It can be shared by both parents or granted to just one. How custody is ordered at the time of your divorce can affect you later. For example, in some states, a parent with sole physical custody has a presumed right to move away with the kids.
To prevent a move, the noncustodial parent must go to court and show that the move would. So if the other parent's attorney tries to tell you that it doesn't matter whether you let the other parent have sole physical custody even though you spend significant time with the kids, don't buy it.
Check with a lawyer about whether the decision could come back to haunt you later. There's a strong preference among judges to order joint physical custody, in order to guarantee that children have regular contact with both parents. Some states direct judges to assume that joint physical custody is better, and require any parent who disagrees to provide evidence about why it's not a good idea in that particular case. Shared physical custody means that the kids get to have two engaged and involved parents and two real homes—not one home and one place they go to visit their other parent.
Joint physical custody doesn't always involve an exact time split, but it's usually something close. This only works, however, if the parents live near enough to each other that the kids can move easily back and forth between houses and can maintain their regular activities no matter which house they're in.
X Close Categories. Encyclopedia Checklists Tools Downloads Bookstore. Start Your Divorce. Joint Physical Custody: What it Means. Today, 35 states and the District of Columbia have statutes that explicitly authorize joint physical custody as a presumption or strong preference, sometimes even when the parents do not request it. Beginning in the mids, judges, guided by what is termed the best interests of the child, began to challenge the established precedents of custody that routinely placed minor children in the custody of their mothers and named fathers noncustodial parents paying support.
Custody Junction TM - Easily schedule, track and monitor current and future custody, visitation, and support arrangements. Related Forums. Create a personalised content profile.
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Measure content performance. Develop and improve products. List of Partners vendors. Separated parents may find themselves in a custody battle striving to win joint custody. Legal Custody Legal custody of a child means having the right and the obligation to make decisions about a child's upbringing. Sole Custody One parent can have either sole legal custody or sole physical custody of a child. Joint custody may be: joint legal custody joint physical custody where the children spend a significant portion of time with each parent , or joint legal and physical custody.
Joint Custody Arrangements When parents share joint custody, they usually work out a schedule according to their work requirements, housing arrangements and the children's needs. Other joint physical custody arrangements include: alternating months, years, or six-month periods, or spending weekends and holidays with one parent, while spending weekdays with the other.
There are, of course, disadvantages: Children must be shuttled around. Parental noncooperation or ill will can have seriously negative effects on children. Maintaining two homes for the children can be expensive. Talk to a Lawyer Need a lawyer? Start here. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you.
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