Joint Physical Custody
Both parents have the ability to be with the child, typically joint physical custody is coupled with a parenting plan to determine who will be with the child at what particular time.
Question: My husband wants joint physical custody? He lives in Florida and have joint custody with his ex-wife. He wants to apply for joint physical custody because sometimes she is denying him access to his son when he wants to study with him. His son was diagnosed with some type of learning disorder and he just wants to study more with him. Is a lawyer neccesary in such a case when there is sufficient proof that physical custody will be in the best interest of the child? 10 points for best answer.
Answer: Yes you will have to get an attorney to file the papers. If your husband is a large part of the child's schooling, then he's known to teachers, school office workers, etc. They can attest to the fact that he has more interest in the child than the mother does. Have him talk to the childs guidance counselor. Schools can play a BIG part in what goes on in a courtroom where custody is an issue.
My husband and I have joint physical custody but NEVER argue over our child. We're both in the same school district so he is allowed to go to whichever house he decides to go to that day after school. It can work out very well if the parents agree to put their own difference aside and work together for the benefit of the child.
Question: If both parents have joint physical custody of a 5 year old when he begins Kindergarten? For San Bernardina county, If the parents live 50 miles apart how does the court decide who gets the child during the school year and what is the visitation for the parent that gets the child for the school year? Does that parent have to give up summer months and all the weekends when in school to make it an even 50/50 split, since there is joint custody?
Answer: I have a set of cousins who's divorced parents had joint physical custody of them. They were enrolled in two schools for the school year. During the summer and for the first quarter they lived with their father and started school there. They finished out the school year living with their mother. It is up to the parents along with their lawyers and the court to work out a solution. The way my cousin's parents dealt with it worked very well for them.
Question: my foster mother has joint physical custody of my son can she win in court if i apply for full custody? in January of 2009 i gave joint custody of my son to my former foster mother. now she is using the paper work against me because my son is acting up. Can she win the custody battle after i file?
Answer: Wow, you need consult with a good attorney. I don't know if it would be any different than if you and your son's father had a custody battle. Your former foster mother got joint custody of your son for a reason and it will be hard to dispute in court. Since she has been a part of your son's life there would have to be a really good reason to cut her out of his life now. Don't let fear of losing custody keep you from fighting for what is in your son's best interest but you need to know what his best interests are before you begin to fight. Bottom line is do the right thing for your son not just for yourself.
Question: Can I move out with my son if i have joint physical custody? I currently have joint physical custody of my son with the father but i am getting married really soon to a us marine and he lives relativly far from where the father and i live however i am going to move out with him to his base and want to take my son. can i get full custody of my son and move him out and what would i have to show the courts?
Answer: You would have to settle this matter of moving in family court..yes, make everything legal
Question: joint physical custody sleeping over issue? if i have joint physical and legal custody of my 2 yr old daughter, can myex have her sleep at her boyfriends, even though the court documents only state my house and my ex's house as my daughters residence?
Answer: Jealous Much?!
Personally, if they haven't been together very long then I would even have a problem with him sleeping at her home if the child is present. If this is a long term relationship then you need to stop being so jealous and get over it...
Question: My husband wants joint physical custody of our 2 1/2 yr old son and newborn? we are getting divorced and my husband wants joint physical custody what would be the best arrangements for this?
Answer: Usually you can do an every other week type thing or you could switch off he has them for 3 day you have them for 4 then he has 4 and you have 3. Personally I would want the every other week since then you get a full weekend every time. Or you can really do it how every you want as long as you both agree. Say This week you have them mon,tues,wed. he has them thurs,fri,sat,sun. then you have them for the next full week and the following week he has them mon, tues, wed, thurs, then you have them fri, sat, sun, then he has them for a full week. That way you would be doing a combination of the both. You each get a full week and then the week in between you split. You and your soon to be ex must maintain great contact to have a schedule like this. Dr.'s appt, school events, ect. They have websites where you can set-up a calender for each month and each of you could the password so that you could log on and make sure everything is in order. Of course right now they are young so they won't have sports of anything like that but later they will and this will really help you keep track of them. Good luck. Joint Custody is really best for the children. It lets them get equal time with both parents.
Question: Claiming head of household in a joint physical custody agreement? My soon-to-be-ex and I have joint physical and legal custody of our 3-year-old son. Time spent with each parent is 50/50 and we split costs evenly. We want to alternate years claiming him on our taxes, but my question is, on the off years when one parent isn't claiming him, can they claim head of household? We're really just looking for a way that doesn't screw one of us every other year.
Answer: You have to have a qualified dependent in order to be able to file as a head of household. If you don't have any other qualified dependents at the time your ex claims your child, you can't file as head of household.
The court order divorce agreement should state the conditions you agreed upon concerning the filing status for both parents. In your case, it should specify your agreement with your former spouse that you wll alternate the years you want to claim your child as a dependent. You need to have this on the court approved paper because this is what the IRS will wants to see to verify your filing status when they audit you.
Question: the father of my 13 year old has joint physical custody and i have joint legal custody i want to see my child? the step mother gets involve and i nerver do talk to my ex always her.i dont want to talk to her i want to talk to him .
Answer: let him know that you would like to talk to him not her and see if he will help
Question: what is the easiest way to get joint legal and joint physical custody? parents never married.
kids have always lived with mother
father 7 years military
Answer: sit down and discuss this as adults between parents. you have to put your own feelings aside and consider the needs of the children. consider family counseling, support the other parent at all times, and encourage a friendship. you will all become better people with this recipe.
Question: Joint physical custody of children by both parents should be the first option in divorce? Pennsylvania Families Association believes so.
Slay, what if she's an alcoholic and he wants to divorce her?
File this post under the quest for EQUALITY.
Bye Bye, I agree, good post.
Answer: I'm in favor of tearing the child in half... It's the only fair way.
Question: At what age can a child ask to live with one parent in a joint physical custody setting?
Answer: Check this link.
Question: Joint Physical Custody over a infant? My ex boyfriend wants me to give him joint physical custody over our 4 1/2 month old. He left me to move back home, and he wants me to give her up to him every weekend from 7:00 pm on Fridays til 7:00 pm on Sundays! He is unwilling to negotiate. He says if he doesn't get this, plus the ability to make all of her healthcare decisions, he is going to take me to court over it! I have contacted a attorney, and they say the odds of him getting joint physical custody over a infant, plus the expectation that he is going to take her everyweekend from her home to a place she isn't firmiliar with is obsered. She is just a baby, and he has never had to take care of her on his own like that, I am scared he will not know what to do. He works 10 hours a day, 5 days a week, and I don't work. How could he get joint custody then? I am just so worried.
P.S. He also drinks everynight ALOT and so do his parents. I think that is worth bringing up in court as well....
Answer: Give him joint custody. This is a usual agreement. Most divorces have joint custody. All this entitles him to is when she is with him he can get her emergency care. This is a good thing.
He will not have any authority over health care unless he pays for it. If he is not paying child support through a court order this would be a good time to establish it.
He has a legal right to pick up his child for visitations. It would not be fair to your child to prevent her father from seeing her.
She would resent you in the future.
She will get use to where he takes her.
In a year or so you will be glad to have a free babysitter.
Question: Can my ex get joint physical custody if he is in the military and deployed all the time? My boyfriend and I currently live together and have a child. In the state of VA a mother has custody of her child unless otherwise stated if not wed to the father. He wants me to go and get joint legal custody of our daughter so that I can't take her away from him. That's not a problem. My concern is if we break up he wants joint physical custody as well. We are both in the military and I have 2 years left before getting out but i am on shore duty undeployable. He is going to sea duty soon. Will they give us joint custody? Or will they give me sole custody and give him visitation seeing that he will be deployed a lot and it would be very unstable to be going back and forth between houses and then back again if he ges deployed while he is supposed to have her?
Answer: I concur with the previous post... don't bicker it would be bad for the children but...
1. Talk to your Judge Advocate (JAG) Office... they can clear up most of your questions.
2. Rules about custody and domiciliary parents vary greatly from state to state. Generally however most states do grant unwed mothers sole custody without any other legal documentation.
3. To protect all three of you I would recommend getting a "legal" DNA test and establish paternity BEFORE you have problems. This will establish both of your rights (visitation for one) and obligations (support) concerning the child.
4. I recommend you contact the Family Advocacy program at your installation about your concerns over the relationship, before you have relationship problems. It is not a negative experience and you don't have to have problems to attend the training available.
I can relate to a lot of this, as I have twins out of wedlock with someone. We have Joint custody, but the mother maintains domiciliary custody. In my state the term Joint is just that... there is no "visitation" per se. We share custody of the children and when they come and stay with me they are in my custody, they are not "visitors" Of course, for the most part their mother and I get along, and we haven't had to fight too much in court.
GOOD LUCK AND BEST WISHES!!!
Question: If you have joint physical custody split 50/50 can one party ask for child support? My husband and his ex-wife have joint custody of their five year old son. He spends half the time with us and half the time with his mom, what sad is that he spends every weekend with us so she can go party, which is sad I know. We have him on our insurance and pay almost all the medical bills because she never has any money (so she says). The court order is 50-50 joint physical custody and neither party pays child support right now. Can we sue for child support since she never does anything for him or are we screwed since the court order says 50/50 joint? Any help would be appreciated since we are so over it!
HEr life is most definitely messed up, she got a nose job and boob job a few years ago and then whined about not having any money to support her child!
Answer: i would try it and see, but in doing that, u might mess up the 50% on her half. since she isn't taking care of the boy and u are. you should file for her half of custody. you have proof that u are taking care of him and not her. if anyone was to pay child support it should be her.
Question: How do I know if we have joint physical custody? I just had a baby 7 weeks ago. I am not married to her father and we live in different homes. I know I am the custodial parent and he is the N.C.P. but what is our custody arrangement? We have never had a court agreement, nor do we feel a need to. Things are going smooth and we are close friends. I just am not sure what our title is regarding custody. Is it automatically "joint physical custody" or do I have sole custody as she resides with me. He pays child support on time every week but with her being a newborn, has yet to have any overnights. Do I have sole custody? Joint physical? Something else? Do I need to have the courts establish this or is it automatically established as "____" if I don't go through the courts. I have another daughter with my from my my exhusband and our joint custody was established by the courts. If anyone has been through this or knows more I would appreciate the help.
Answer: u have physical custody of the child since u and the dad arent married and u don't have a court order. Pretty much its physical custody and ur giving him unlimited visitation. If u want 2 get something in writing consult an attorney along with the baby's father so that everyone's on the same page and there aren't any problems.
Question: Is it possible to have joint physical and legal custody if my ex and I live in different states? My husband and I are divorcing, he has rarely been part of her life due to his job keeping him out of the country (no he is not in the military). We have been separated for sometime and have moved on in our lives with other relationships. I have decided to move quite a distance away after the divorce and yes I know I have to either get his permission or go through the courts. Ideally I would like sole physical custody, but am open to joint because that is what he is fighting for. My question is it even possible to have joint custody if we live so far apart? Does anyone have any suggestions for visitation ideas or has anyone been in this situation? Neither of us want to feel excluded from our daughters life and we are both good parents.
Answer: No. Me and my ex live in different states that are very close. The kids have to attend school somewhere and have a steady home life. Therefore only one parent can have them during the school year and one gets them on all the holidays and during the summer. The one who has the holidays and summer often gets the worse end of the deal. That parent not only loses time with the child but often ends up paying child support. The only way joint custody can work is if both parents live in the same city or very close. Your ex will most likely fight you for the school year and if he has a very steady job and home there is a good chance he will win. Usually the courts side with the parent who has the most money. Also some judges side with the men and some side with the women. There is no such thing as a mother or father state. It's all about politics, who has more money and who is a better liar in court.
Question: Do both parents have to agree in order to have joint physical custody? My husbands ex really doesn't want to share custody with his two children. We are currently paying her 80% of my husbands income in child support, so we can barely live. We are considering moving closer to her so that we can apply for joint physical and legal custody, but she isn't interested in sharing the kids and doesn't want them over our house.
She says that the judge wouldn't grant joint custody if she doesn't want it. That doesn't sound fair. If we are willing to care for the children half the time( paying for food, and daycare, etc) why wouldn't they want two fit parents( we have a child together) to spend half time with children
Answer: Both agreeing would make it much easier for the judge. But it doesn't have to be agreed on by both parties. If the judge sees that it is in the benefit of the child and if both parties are competant and poven as good parents then all you both have to do is put in for custody or shared custody and the judge will rule according to what he/she thinks is best.
Question: can a parent retain physical custody (or joint physical custody) when that parent has moved 3000 miles away.? I have happily had my son's custody returned to me. on aug 31, 07 my son father moved to florida from calif. my son who is 17 and still in high school wanted to move back in with me to finish high school. I ask his father to put something in writing that would explain that now i have physical custody. in reality his father will not be seeing him until he graduates high school. my son his in 11th grade. his father has stated that he wishes to retain joint physical custody. (in order to have reduced child support obligations?) since my son is going to be living with me 100% of the time, what would be in the best interest of my son? i have always paid my child support in a timely matter and have been always current. help i need some guidence, thank you.
Answer: if the father is 3000 miles away, does the court know he moved? he has to keep them informed of his mailing address and whereabouts...
since your son is a junior in high school, you really don't have long before child support stops... if it were me, i wouldn't even worry about it anymore... but do what you have to do.
consult an attorney or paralegal who practices family law. that's your best bet for sound legal advice.
Question: In NY state, parent has temporary physical custody, joint legal. Non-custodial takes child to different state? What would be the legal action to take? What are the chances of getting the child/children back? Is it possible that the other parent can not be found or is that unlikely in today's society?
Children are taken every day in custody disputes. You already have a court order regarding physical custody, which appears to be violated. GET IN TOUCH WITH SOMEONE ASAP.
Even courts and law enforcement disagree or are confused as to the exact laws relating to this.
Question: Chances of joint physical custody in wayne county??? The kids have a good mom and good dad. The ex-wife disagrees with joint physical custody. What are the chances of the father getting joint physical custody after the evaluation process??? In wayne county
Answer: pretty good.................
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