Why would a judge not grant 50/50 custody?
Why would a judge not grant 50/50 custody?
With 50/50 physical custody, each parent spends an equal amount of time with the child. Since this arrangement requires a lot of cooperation between parents, judges won’t approve it unless they believe it will work and is in the child’s best interest.
Do I have to pay child maintenance if I have my child half the time?
If the day-to-day care of a child is shared equally between the paying parent and the receiving parent the paying parent will not have to pay any child maintenance for that child.
Is joint custody the same as 50 50?
The term “joint” custody refers to both the physical and legal custody of children. Physical custody dictates where the child lives and who takes care of them on a day to day basis. Joint physical custody, or 50/50 custody, means that the child spends approximately equal time living with each parent.
What questions does a judge ask a child in a custody case?
Questions to Ask in a Child Custody Case
- Has one parent been the primary caretaker, or have the parents shared the responsibility?
- What is the mental and physical health status of the parents?
- Will the child be in a stable home environment?
At what age can a child say which parent they want to live with?
16 years old
What rights does a father have if the mother moved away?
Parental Responsibility is a legal term which means you have the right to make decisions on behalf of your children, such as where they live. However, the father could apply for a court order to prevent her from moving the children away.
Can my ex partner stop me from moving?
Would a Court stop you and what exactly are your rights? The short and simple answer is your Ex-Partner cannot stop you moving away. The Courts recognise and will often sympathise with the Parent that will now have to live away from their child but will also realise that this is a practicality.
How far can I move away from my child’s father?
30 days
Can Family Court stop me from moving?
In short, no, he can’t prevent you from moving, but he could seek a Prohibited Steps Order to stop you taking your daughter out of the area you currently live in.
Can divorced parent move out state?
These “move-away cases” are among the most difficult types of custody disputes. Typically, a parent can’t move a child to another county or state without prior approval from the court that issued the original custody order. A judge could even change custody arrangements in favor of the noncustodial parent.
Can my ex get custody if I remarry?
While the act of remarrying does not in itself impact a parent’s custody rights over their child or children, if the remarriage is not in the best interest of the child, and a party files to modify custody, the court may decide to make custody decisions to best protect the children.
Can I stop my ex wife moving away with my child?
If you do not agree with the proposed move, your ex should ask the court to make the decision about whether or not they should be allowed to move. One parent does have the right to try and stop the other from moving and may seek a court order from the court to prevent it from happening.
When a child is born who has custody?
When a child is born to an unmarried mother, the mother is automatically granted sole custodianship. The father has no legal right to see their child without a court order. Thus, the best course of action for a father who desires visitation or custody of his child is to first establish paternity.
Can a parent withhold a child from another parent?
If you have sole physical custody, it is not legal for the other parent to take your child from you. Sometimes taking your child from you is a crime, like “parental kidnapping.” But if you are married, and there is no court order of custody, it is legal for the other parent to take your child.
What should you not say to a judge in family court?
8 Things You Should Never Say to a Judge While in Court
- Anything that sounds memorized. Speak in your own words.
- Anything angry. Keep your calm no matter what.
- ‘They didn’t tell me … ‘ That’s not their problem.
- Any expletives. You might get thrown in jail.
- Any of these specific words.
- Anything that’s an exaggeration.
- Anything you can’t amend.
- Any volunteered information.
What should you not say in family court?
Following are my top five things not to say in Family Court.
- “To tell you the truth.” Or ‘to be honest with you.
- “My children.” It’s a common enough reference when you are speaking about your children to a third party.
How do you prove someone is lying in Family Court?
Anything the witness said or wrote themselves, including text messages, social media posts, and voicemails, are generally admissible in family court. If they said something in such a message that directly contradicts what they said on the stand, you can use that evidence to prove that they’re lying.
How do I impress a judge for custody?
Child Custody – Impressing the Judge
- Be willing to work with the child’s other parent.
- See your children whenever possible.
- Don’t involve your children in the court case.
- Don’t put the children in the middle.
- Perception is everything.
- Hire an experienced child custody lawyer.
How do you tell a judge you’re sorry?
Apologize for your actions: This is important because the Judge wants to know you that are sorry for what you did. Not just sorry because you got caught. By apologizing to the Judge for your actions you’re showing the Judge that you are being accountable for your actions, and willing to take responsibility.
