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It is common to combine joint legal custody with sole physical custody and visitation, but the opposite is rare. [5] In joint physical custody both parents are custodial parents and neither parent is a non-custodial parent. [2] [6] Joint custody is distinct from sole custody.
Joint custody is a form of child custody pursuant to which custody rights are awarded to both parents. Joint custody may refer to joint physical custody , joint legal custody , or both combined. In joint legal custody, both parents of a child share major decision making regarding for example education, medical care and religious upbringing.
The term "visitation" is not used in joint physical custody cases, but only for sole custody orders. In joint physical custody, the actual lodging and care of the child is shared according to a court-ordered custody schedule, also known as a parenting plan or parenting schedule. [12]
Both guardianship and custody describe legal relationships between an adult and a child. Custody refers to a child’s biological parents, whereas guardianship would be given to a non-biological ...
Legal presumption vs consideration: A rebuttable legal presumption and preference (such as for joint custody over sole custody) give the courts a starting point. If the court determines that the legal presumption is not fit for the case, it must usually state what evidence it considers to have overcome the burden of proof associated with the ...
However, that dispute was enough to revert the couple joint custody, a change that came just days after Georgulas had been given sole conservatorship of the 7-year-old. The judge also placed a ...
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