In a closely divided property, the court is likely to award joint custody to one of two parents where one of the parents have a lien over the other parent’s property. The other parent (known as the non-custodial parent) can petition for child custody and the court will make its decision based on the best interest of the child or children. Joint custody is most often times awarded to parents where there is a significant amount of time and money difference between the parents. For example, where one parent is more financially responsible for the children than another.
When there is no genuine possibility of shared parenting and there is only a slight chance of shared ownership of the property, the courts will give a trial court a common property order. Common property orders are just like a divorce decree where the child has a one month to a year visitation schedule with the other parent. The trial court is likely to award joint legal and physical custody to one of the parents where the child has consistent time with both parents. The trial court may also award a trial court makes, or the trial court may allow for a trial date change where the parents can schedule a joint trial to determine which parent the child will live with.
Joint legal custody means that each parent has an equal right of visitation and physical control over the child. This gives each parent the right to know where the child is at all times, and it gives each parent the right to know what the child does at school, where the child goes to school, what the neighborhood the child hangs out in, and who the parents live with and whether the parents communicate frequently. The trial court is also likely to award joint physical custody where the child has a substantial amount of time spent living with each parent. The court will consider factors including the ability of each parent to provide the basic needs of the child, the stability of each parent’s living situation, the emotional well being of the child, the permanence of joint physical custody, and the relationship between the children and each parent.
Joint custody can be awarded for a certain amount of time, either indefinitely or for a year or more. If the parents want to end their joint physical custody, they must file an order with the trial court. This is also called a termination order. Parents must notify the other parent twenty-four hours prior to ending the Joint Custody. If the parents are unable to come to an agreement, then the court will decide on a trial court ordered parenting plan.
When there are several cars in a shared ownership situation, then one of the parents may be awarded sole physical custody of the children. This is called shared physical custody. This means that the parent that has sole physical custody is responsible for all of the children’s day-to-day care. It is up to this parent to make arrangements for child care, if necessary. If one of the parents is working and can’t have a co-parenting arrangement because of their job, then the court will determine the arrangement. Once the children are living with their mother (known as primary caregiver), and the mother is living with the father (known as secondary caregiver), then the father can have equal or better access to the children than the mother.
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