arguments against joint custody

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arguments against joint custody

/ January 8, 2021

Winning Child Custody. We’ve come a long way since we were children and mothers were routinely given full custody of the children and fathers frequently disappeared and less frequently received a standard visitation schedule of every other weekend visits. These claims typically fall into to distinct lines of argument: 1) I should get joint custody because I’m an excellent father and 2) I should get joint custody because she’s a lousy mother. In family court, a judge may award joint or sole legal custody and joint or sole physical custody. I am sure cases exist where both parents and all involved children are very satisfied; however I think this is the exception rather than the rule unfortunately. Disciplinary consistency is almost impossible in joint custody homes. All of the all-too-common mistakes made in Top 12 Divorced Parenting Mistakes still appear in shared parenting situations, quite often. And when they do, the consequences can be heightened as the opportunity for conflict, alienation, putting children in the middle, emotionally inappropriate parenting and lack of discipline grow with the frequency of transferring kids between homes. It’s hard to defend the former (assuming the father has been actively involved with the children) and easy to defend the latter. Children are often stuck with two parents who don’t get along, and they could be exposed to arguments and disagreements. Shared parenting, shared residence, joint residence, shared custody or joint physical custody is a child custody arrangement after divorce or separation, in which both parents share the responsibility of raising their child(ren), with equal or close to equal parenting time. Joint custody arrangements are often made during divorce proceedings, at which time they are defined by a court order. If you and the other parent agree on sole custody, the judge will typically approve your agreement. Joint custody is popularly seen as the solution to the divided family: the parents may divorce, but the children remain legally and emotionally "married" to both. Based on such arguments an unwed biological father can be awarded joint custody, custody or guardianship of a minor child. If you need to call-out specific breaks, use Section 4 as a guide for how to modify this Section. Stupid argument against joint child custody Henry Lyczak posts this WSJ comment: The problem with straight 50/50 is that many times, one parent may actually have been abusive. (Allow a few seconds for loading.) (2018). Each divorce is unique, making it dangerous to decide every case based on a strict set of rules, especially when child custody is involved. When kids become teens, their social network can become seemingly more important than their familial network and being taken away from sports, activities and friends to spend equal time in another environment will often not work at all. If the other parent does not contest your request for sole custody, the lack of interest will typically compel a judge to award sole custody. Unfortunately, joint custody is more often an arrangement designed to protect the divorcing father's rights rather than the best interests of the children. Parents should think long and hard about the short and long term challenges of shared parenting for their children and themselves. Parents can share joint physical custody (where the child lives with each parent for a specific time period), or joint legal custody (where both parents have equal legal rights and responsibilities to that child).. Any lies you present will come back and be used against you in court. Now we believe that any child deserves to share as much time as possible with both parents, if they are willing. An order of joint legal custody shall not be construed to permit an action that is inconsistent with the physical custody order unless the action is expressly authorized by the court. As children grow, their needs change and they have more and more need to develop roots within their community. Semantic Scholar is a free, AI-powered research tool for scientific literature, based at the Allen Institute for AI. These are my thoughts. CHILD CARE. These stories also will likely hinder your chances of winning custody. You might find that one parent or both are too busy or too tired to enforce the rules or communicate the rules between the households. 5) McKinnon and Wallerstien, "Joint Custody and the Preschool Child," … Shared parenting shouldn’t ever be entered into as a compromise for parents who both want full custody. School breaks shall not have any bearing on the custody schedule or custody exchanges described in this Joint Custody Agreement. Joint Custody – If parents have joint custody of a child, they are both responsible for making decisions on behalf of that child. Cons related to joint custody. Creating a Parenting Plan. Some parents consider the way their ex-spouse parented within the marriage to be of little consequence and don’t foresee any problems with sharing. The reality is that many parents are simply “settling” for shared custody because they fear the money, time and emotional energy they would lose in a full custody fight. In fact, we’ve come so far that now many courts don’t call it “visitation” but more aptly, “Parenting time”. Arguments Against a Presumption of Shared Physical Custody in Family Law. When one or both parents remarry, the opportunity for problems grows exponentially. This can be a huge motivation for newly single parents to share custody. Though that divorce will change all of their lives, joint custody helps to reduce the overall changes for the children. Losing custody of a child generally means loss of joint legal and/or physical custody. Joint Child Custody: Pros and Cons. This is THE # 1 argument I would use and have used in family court to get equal access to my child. Joint custody- both parents have full responsibility for the child's supervision, and have equal say. Despite that change, some fathers still believe they have less of a chance than the mother does of getting custody in their state. But there are problems that even parents who are neighbors often can’t avoid. In situations where both parents get along and can work together well, it can be a viable option. In theory joint custody sounds terrific. Disciplinary consistency is almost impossible in joint custody homes. They grow up without any of the trauma associated with divorce because they remain in frequent contact with both parents who interact as a solid co-parenting unit, just like in an intact family. Parents who hope to win child custody should first become familiar with the … This is also known as joint legal custody. Constructive Arguments for Joint Custody 361 VII. Parenting time (also called visitation) may be equal or primarily to one parent. Theoretically, having both parents involved is very beneficial for a child. Arguments Against Joint Custody 366 VIII. For many years, the law preferred the mother to be a child's custodian. Joint custody means joint responsibility and parents who work together can deal with the pros and cons of a 50/50 custody arrangement. You might find values and standards that you took for granted within the marriage are nothing like you thought they would be. Raising kids alone is hard work. It’s obvious. Some people have even called for laws requiring courts to always hand down such decisions, but other experts say it would be a mistake to statutorily mandate joint child custody. How you split expenses and child support can be simple in shared custody situations or it can be excruciating. When it comes to custody, the Internet is full of half-truths and muddy information. Never come up with unfounded allegations of abuse or exaggerate your ex's shortcomings in order to win custody. Joint physical custody does not mean that the children must spend exactly half the time with each parent. 369 IX. Laws are ever-evolving and, hopefully, each state will have fair trials and settlements so that each parent has an equal chance of obtaining custody. Joint custody is popularly seen as the solution to the divided family: the parents may divorce, but the children remain legally and emotionally "married" to both. ... as court or police records of domestic violence reports. A father’s relationship with his children is a legal right. Many parents consider their own needs and the benefits of shared parenting on their own schedules, logistically. When attempting to win custody, don't invent negative stories about your ex. Every relationship is different and unique and brings with it challenges that some may be able to work through and others simply won’t. Joint child custody occurs when parents share legal custody or physical custody of their child. Because of the newer popularity of these arrangements, I know more and more families who share custody. Now, not only are you trying to continue to peacefully and respectfully co-parent between two parents who could not even get along well enough to remain married but add in one or two additional new parents to the mix who bring with them their own expectations, values, interests, concerns and opinions. If that sounds like the Court can designate some things as requiring mutual consent and others not, yes, you are correct. • Joint physical custody is a lousy "compromise" between disputing parents. Like it or not, both women and men often carry emotional baggage that they have yet to heal from their divorce. However, they know joint custody is not appropriate in every situation. The Developing Case Law on Joint Custody 374 X. We have learned our lessons. Google the word “shared custody” and you will find some articles stating that it means joint custody and equal parenting time and other articles stating it means equal parenting time, but not joint custody, and still others that claim it means joint custody but not necessarily equal parenting time! Sharing the responsibilities is certainly appealing. Considering 50/50 Custody? Parents who managed to peacefully co-parent before are often taken aback completely when the other parent remarries and suddenly changes in many ways. In my practice, I have seen the sad results of a joint custody mania which is sweeping the courts. 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