Joint Custody Laws

Joint Child Custody and Joint Custody Child Support

Joint child custody is preferred by most family courts because they recognize the importance of having both parents in the child’s life. 
Sole child custody is only usually granted if the other parent is documented as being unfit to be around the child because of substance abuse or child endangerment.  Even in these cases, the court will often grant supervised visits for the other parent.

How Child Joint Custody Works

Child joint custody may be confirmed and documented by the family court, but it is really an agreement that is reached by the parents.  In true joint child custody, both parents would maintain a residence for the children and each parent would take them on alternate days of the weeks.  This kind of joint custody would work in a case where there was an amicable divorce and both parents resided in the same town.  However, it is important to remember that it would be up to the parents to keep the schedule.  If the schedule doesn’t work and one parent petitions the court, the child joint custody arrangement would then be up to the court to decide.

The most common form of joint child custody is an arrangement where the children primarily live with one parent and then visit the other as agreed to by both parents and witnessed by the court.  This way the children can stay in one school and aren’t shuffled around so much.  Ideally, if there is a family home, most courts would like to see the children stay in that home with the primary caregiver.  In this case, the primary parent will be given temporary custody at the first hearing and when the parents work out the details for joint child custody, the arrangements will be finalized at the next hearing.

However, if the other parent petitions the court for the children to live with them, there will be a ruling of temporary custody at the first hearing (usually awarded to the primary caregiver) and then there will be  a formal hearing (usually requiring a lawyer) where both parties may state their case.  Because joint child custody is merely an option, the court will have the final say, always deciding in the best interest of the child.

Joint Child Custody Support

Joint child custody support will be determined and finalized at a later date.  Depending on the joint child custody arrangement, joint child custody support can include monthly payments for the general cost of living, medical care, and tuition for school.

Filed under Child Custody Help For Fathers, Child Custody Laws In The United States, Joint Custody Laws by Terry

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