If the parents cannot agree, the judge makes a final decision on the custody issue. We believe that for infants, judges are more likely to grant sole custody of the mother and frequent access to the father than 50/50 joint physical custody. That`s what Jess and I were told ten years ago. Many parents complain that the system can sometimes be manipulated. For example, if one parent argues that the other « must » do what they say because they share joint custody. Initially, in the custody battle for Jessica, her son`s father insisted on sole custody, which we can only imagine was based on bad advice from his lawyer/friend who was not a family lawyer. Later, he reduced his application to joint physical custody, i.e. 50/50 time, but his lawyer should still have known that he was unlikely to get joint custody in a lawsuit with a baby. Jessica knew this and was happy to give him standard visitation rights, but not 50/50. That`s why they fought for a year before he realized he was asking for something unreasonable thanks to his inexperienced lawyer. Again, the above schedules only apply to 50/50 joint physical custody arrangements if the parties live nearby. It`s hard to say if the trend toward splitting 50/50 time for infants is changing. You will need to discuss this issue with your lawyer who will help you identify all the factors and point you to a custody solution that is legally realistic in your jurisdiction and best for your child.
In divorces involving children, the custody agreement can be one of the most difficult issues. If both parents want to continue to participate in a child`s life and the court has no important reason to keep one parent out, you can assume that your custody agreement includes joint physical and legal custody. Joint custody is ideal for parents who have already shown a willingness to work together on important decisions for their child. It is also preferable that neither parent holds a grudge against the other or refuses to communicate – which unfortunately happens. Custody refers to both legal and physical custody of a child. Custody is the power to make decisions for and about a child. The term joint and several is often used in the securities industry in subscription contracts for a new issue of bonds or shares. In such cases, the company that agrees to sell a portion of the total offer is responsible for that agreed portion plus a corresponding portion of all unsold securities. Joint and several liability is a legal term for liability shared by two or more parties to a dispute. An aggrieved party may sue some or all of them and recover all damages awarded by a court from one or all of them.
The alternative is sole custody, where one parent has full responsibility for making important decisions for the child. If you`re reading this and find that you`re unlikely to have 50-50 joint physical custody, don`t despair. You will still have unsupervised visits with your child overnight, it just won`t be as frequent as half the year. You`re no less of a parent than your counterpart, and you`re probably doing what`s best for your child. Most people think that joint physical custody is equal time or something almost identical, but it`s not necessary. In many cases, the child usually lives with one parent (the « custodial parent »), while the other parent has access. However, it is increasingly common for courts to create true « shared » custody arrangements where the child lives equally with both parents. For older children with 50-50 shared custody, you can do 2-2-5-5, which is repeated fourteen days in half with mom, two with dad, five with mom, five with dad, and then again. This schedule reduces transitions and allows for longer periods together. Parents who hope or request 50-50 joint physical custody simply because they want to reduce their support obligation should reconsider this strategy. We will discuss financial support in another post, but suffice it to say that this is not the right reason to push for joint physical custody.
Another thing to consider is that of victims, which joint custody may require. For example, you can limit your job search to areas close to your child to facilitate shared decision-making. n. in divorce proceedings, a court decision (often with parental consent) that parents share custody of a child. There are two types of custody, physical and legal. Joint physical custody (rather than having one parent have custody and the other has visits) does not mean an exact allocation of time with each parent, but can be based on a reasonable amount of time with each parent, either explicitly set (specific days, weeks, holidays, alternating periods) or based on established policies and shared payment of the cost of raising the child. Joint custody means that both parents can make decisions for the child, including medical treatment, but if possible, they should consult with the other. In the event of the death or disability of one of the parents, custody passes to the remaining parent, giving the working parent the only opportunity to act as the parent for the child without further court order.
