What happens when both parents have joint custody?

Joint legal custody gives both parents the right to make decisions jointly for the child. For example, parents with joint legal custody must make joint decisions regarding the child’s health, education and religion. Both parents usually have equal access to the child’s educational and health records.

Who is ordered to pay child support in joint custody?

In joint custody cases, the parent with the higher income may be ordered to pay child support to the parent with lower income. The amount of child support that a party must pay depends on the state law where the child support order is issued.

How are mother’s rights determined in child custody?

When determining the mother’s rights to child custody, the court will first consider whether or not the child was born out of wedlock. Custody rules that apply to unmarried parents often vary based on jurisdiction.

Can a same-sex marriage give two mothers custody?

In the case of a same sex marriage, in which a child would have two mothers, the law is not yet set and clear as it is in heterosexual cases. Because of this, it is more difficult to determine what is a relevant factor when deciding the custody rights of two mothers.

What makes joint custody work for both parents?

“The hardest part for co-parents is remembering that time with the child is not a prize to be won, but a gift to be cherished,” Pisarra says. Shared custody works best when both parents set aside their ego and realize that what is best for the child is not always what feels good for you as a parent.”

How does SSDI work in a joint custody case?

If one of the parents in a joint custody situation is receiving SSDI, this money is included in the parent’s income for the purpose of determining child support payments, if any. The reason for this is that the SSDI benefit is based upon the parent’s earned income from working.

Who is the parent with primary physical custody?

The parent who has the child for the longer school year is considered the parent with primary physical custody. But the other parent also has physical custody of the child for significant periods of time.

When did usher win custody of his children?

The former lovers’ long and bitter custody battle ended with Usher winning custody of his children. However, he gave Tameka a comforting hug in court as she tearfully accepted the ruling. Tameka Foster at the court hearing to discuss child custody at Fulton County State Court on August 14, 2012 in Atlanta, Georgia. | Source: Getty Images

When to get sole custody or joint custody?

Consequently, courts often award joint custody when both parents are able to perform their parenting duties. But, if one of the parents wants sole custody, they must be able to demonstrate why joint custody is not in the kids’ best interest.

Can a judge award joint custody in Family Court?

We don’t address dependency court (sometimes called children’s court) or criminal law matters. We also don’t write about parental rights termination cases. In family court, a judge may award joint or sole legal custody and joint or sole physical custody. Parenting time (also called visitation) may be equal or primarily to one parent.

Can a court take custody away from a non custodial parent?

The court may give discretion on educational related decisions to the non-custodial parent and take parts of the custodial parent’s joint legal custody away. It doesn’t always have to be all or nothing.

Why did I not file for full custody?

Not filing for and getting full custody when we went through the initial divorce process all those years ago. Having been separated for over a year before even meeting with a lawyer, time allowed for conflict between my husband and me to cool down.

How is child support determined in joint custody?

How the court determines child support for joint custody arrangements. Joint custody refers to the shared physical and/or legal custody of a child or children after parents separate or divorce. In such cases, parents share in the everyday responsibilities of raising the children, including financial obligations.

What does it mean to have both physical and legal custody?

Both physical and legal custody can be granted to both parents (“joint” custody), or to one of the parents alone (“sole” custody). Joint physical custody means that both parents will see the child regularly. Sole physical custody means that one parent is the custodial parent and that the child will live with that parent most of the time.

Can a child be with both parents at the same time?

The child usually resides with both parents at different intervals. While some parents may have joint custody, they may not have the child the exact same amount of time as the other parent. In some cases, parents have both joint legal and physical custody. In others, they may only have joint legal custody.

What does it mean to have joint custody of a child?

Physical Custody. Physical custody means that a parent has the right to have a child live with him or her. Some states will award joint physical custody when the child spends significant amounts of time with both parents.

Can a parent have both legal and physical custody of a child?

While some parents may have joint custody, they may not have the child the exact same amount of time as the other parent. In some cases, parents have both joint legal and physical custody. In others, they may only have joint legal custody.

Do you have to pay child support if you have joint custody?

While it seems sensible that parents who have “joint custody” would not need to pay child support because they both have the child, there are many situations in which one of the parents must provide child support.

When the parties both have legal custody of the children, also known as joint legal custody, both parents must agree on the major decisions for the children, such as school, medical, and religion. Cordell & Cordell understands the concerns men face during divorce.

What happens if your ex violates a child custody order?

Of course, in order for a child custody order to work, both parties have to follow it. Unfortunately, these matters don’t always go as smoothly as they should. Your ex might not drop off the kids for your scheduled visitation, for example, or he or she might violate the custody order in other ways.

What should I do if my ex gets custody of my kids?

While you need to be honest, do your best to avoid bashing your ex in the process. Vent your frustrations to a trusted friend instead. Little things like showing up late can be used to create a negative impression of your commitment as a parent. For this reason, you need to be on time when you have to pick up the kids or have a visit with them.

What does joint physical custody of a child mean?

Joint physical custody means the child or children reside with both parents. In the case of joint physical custody, if one parent will have the child more than half of the time, then that parent can be labeled the primary custodial parent for tax and other purposes.

What to do if you lose child custody to your ex?

Some parents have actually lost child custody because of their demonstrated unwillingness to collaborate with the other parent. So remember that while you may not like your ex, he or she is a part of your kids’ lives, and you need to show the family court that you’re willing to work together. Do exercise your parental rights.

Who is the primary custodial parent of a child?

In the case of joint physical custody, if one parent will have the child more than half of the time, then that parent can be labeled the primary custodial parent for tax and other purposes. The parent who does not have the child or children more than half of the time is entitled to visitation with the child or children.

Can a judge give your ex shared custody?

If your ex wants shared legal custody, the judge may award him this, but this only allows him to share in the decision-making about the child’s upbringing. If you and your ex have had difficulty co-parenting, the judge is less likely to award shared custody.

Can a divorced parent win custody of their kids?

Winning custody of your kids when you and your ex separate is not an easy task, especially because most courts prefer some form of shared or joint custody. But, parents can sabotage their chances of custody if they are not careful. Here is an overview of things you should try to avoid doing while trying to win custody.

Can a parent get custody of a child while in jail?

Incarceration in and of itself will not automatically deny a parent legal custody of a child. Although maintaining sole legal custody is doubtful, keeping joint legal custody is a real possibility.

Can a Court revoke a father’s joint custody?

The court would not likely grant any requests to keep the child from the father on this basis. However, if a father makes important decisions on behalf of their child without consulting the other custodial parent, this could be a reason to revoke a father’s joint custody rights.

Is it common for parents to have joint legal custody?

Parents should not interpret a ruling of joint legal custody as an indication that the court is likely to also grant joint physical custody. It is quite common for parents to share legal custody even while the child resides primarily with one parent and has regular visitation with the other.

What happens when parents share custody of a child?

When parents share legal custody, they have an equal say in matters involving the child such as where the child goes to school, medical treatment and care, and whether a child should be baptized in a certain religious faith. Disagreements are bound to arise in joint legal custody arrangements.

What does it mean to have joint custody in Indiana?

In Indiana, many custody awards grant the parents shared physical custody, while still allowing one parent sole physical custody. The type of custody awarded in your case will depend on what’s in your child’s best interests. What Does Joint Legal Custody Mean in Indiana?

What’s the difference between sole and joint custody?

In a joint custody arrangement, parents share custody of their child, as opposed to sole custody, where one parent has full custody. However, there are two different kinds of joint custody: joint legal custody and joint physical custody.

How to win joint legal or physical custody?

Dress appropriately for court hearings – A dark suit is preferable for a court hearing, but consider the season and determine what’s appropriate. Obtain the services of an attorney – An attorney is a parent’s best resource in winning joint custody. Some parents may qualify for a court-appointed attorney based on state guidelines.

What does it mean when both parents have joint custody?

Sean is a fact checker and researcher with experience in sociology and field research. Joint legal custody means that both parents have the legal authority to make major decisions for the child. 1 These include decisions regarding education, religion, and health care.

When did joint custody become legal in the United States?

Important social changes such as women’s suffrage and child development theories allowed for ideas surrounding the importance of maternal care. There has been a major shift which is favoring joint custody in the United States court system, which began in the mid-1980s.

When is joint legal custody the best option?

Joint legal custody is most ideal for parents who have already demonstrated a willingness to work with one another in making key decisions for their child. It’s also best when neither parent is holding a grudge against the other or refusing to communicate—which happens, unfortunately.

Who is entitled to legal and physical custody of a child?

Legal and Physical Custody Parents who have divorced, legally separated, had marriages annulled, or ended non-marital relationships usually reach out-of-court agreements concerning a minor child’s legal and physical custody.

Who is responsible for physical custody of a child?

If the custodial parent shares legal custody with the other parent, then the custodial parent is responsible for all aspects of physical custody of the child.

When parents have joint physical custody, their children spend roughly an equal amount of time living in each of their homes, although it doesn’t necessarily have to be an exact 50/50 split. These six joint custody schedules provide for almost equal time for the kids with both parents.

Are there custody schedules for divorced and separated parents?

Divorced and separated parents have tossed these words around for years, but there’s not one single schedule for or definition of the term. For this reason, parents are often left to develop a custody schedule on their own. There are a number of different ways that a custody schedule for 50/50, joint physical custody can be written.

How is child custody determined in a divorce?

Courts generally prefer to award joint physical custody to guarantee the children will maintain contact with both parents. In some states this is the default resolution, and may require a disagreeing parent to prove why their children should not spend time with both parents. For more answers to common questions, check out our divorce attorney page.

What are the days of the week for joint custody?

Like the 3-3-4-4 day rotation, this schedule allows the children to spend Sundays and Mondays in one residence, and Tuesdays and Wednesdays at the other. The only days that fluctuate from week to week are Thursdays, Fridays, and Saturdays.

What happens to child custody after a divorce?

Generally in most states, both parents continue to have joint legal custody after divorce, meaning both parents have equal rights to make child-rearing decisions. However, courts may award sole legal custody to one parent under some rare circumstances. A parent with sole legal custody has the unilateral legal right to make child-rearing decisions.

What does joint physical custody mean in divorce?

Joint physical custody enables both parents to be integral parts of their children’s lives.

Who is considered the custodial parent in a joint custody arrangement?

If the parents have a joint physical custody arrangement and the child lives with each parent an equal number of nights, the parent who has the highest adjusted gross income would be considered the custodial parent.

Which is better joint custody or sole custody?

Research supports that in low-conflict divorces, children fare better in joint custody arrangements than sole custody. 2 However, for high-conflict divorces with disputing parents, joint physical custody may trap children in the middle of an emotional conflict zone. 2 Here are a few questions to ask yourself regarding joint physical custody: