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emancipation or formal change of custody if the child does not wish to live with the primary parent. The current primary parent can be free from bearing the child’s expenses if the child chooses emancipation. Time taken by either of the petitioners to finalize the child custody may range anywhere between three to six months. Q. If the primary parent decides to modify visitation arrangements, can the other parent oppose it?
Often, one of the parents gets visitation rights in a joint legal custody and the visitation time is fixed only after both parents come to a consensus. It is possible that the child spends a longer time with the non-custodial parent if both parents agree. However, if the primary parent decides to modify the agreement and in the absence of a court order to the contrary, the non-custodial parent would not be able to object. The only resort the non-custodial parent has is to file a petition in the court to extend the visitation time. Q. How does child support work in joint legal custody cases?
The court appoints one parent as the primary parent while the other parent may be required to pay child support. One may be subjected to punishment if child support is not paid. One may be required to pay child support though the primary parent and the child is out of country for a period of time. If the child is 18 years or older and is not living with the primary parent, even then the child support needs to be paid either to the child or to the relatives with whom the child is living. Understanding the legality or the fine print of the court order regarding joint legal custody is difficult for the parents and it is wise to consult a family lawyer so that they are well aware of their rights and responsibilities. ">Once the court orders joint legal custody of a child to the parents, various problems may surface. It becomes tough for the parents to ascertain what action needs to be taken though the issue may seem small. This is due to the fact that the court order has numerous technical aspects which are not easy to decipher by a common man. Generally, doubts about laws and rights would arise in the minds of the parents. Few of the more commonly asked questions about joint legal custody have been answered below: Q. What does one mean by joint legal custody?
In the event of a divorce or separation, any one of the following may occur: • Custody of the child\children is given to either one of the parent
• Joint physical custody is given to both the parents
• Joint legal custody is given to both the parents
Joint legal custody means that the legal custody of the child\children is given to both the parents with one of the parent being appointed as the primary parent. In this kind of an arrangement, both the parents can take a call on the various aspects of a child’s life (schooling, religion, health care, extracurricular activities, day care arrangements and out of country travel). Q. If the court has awarded joint legal custody, is it okay for the primary parent to move to a different place with the child?
The primary parent can usually move to a different place with the child. However, the primary parent has to file a petition to obtain a move away order and visitation. The court needs to be convinced that the movement to a different place is not to separate or alienate the child from the other parent. The copy of the petition filed needs to be provided to the other parent as well. Depending on the best interest of the child; the court will decide what action needs to be taken. Q. What qualifies as a major medical decision under joint legal custody?
Both the parents have equal rights to take major decisions (including medical decisions) with regards to the child’s life when joint legal custody is granted. Decisions with regards to surgery, medical procedure or change of doctor are few decisions that need consent of both parents and may be considered as major. Taking the child to a counselor if the child is in need of counseling may not be termed as a major medical decision. Q. What legal recourse is available if the child is unhappy with the primary parent?
As per the law, the child would need to live with the primary parent. However, a child may apply for emancipation or formal change of custody if the child does not wish to live with the primary parent. The current primary parent can be free from bearing the child’s expenses if the child chooses emancipation. Time taken by either of the petitioners to finalize the child custody may range anywhere between three to six months. Q. If the primary parent decides to modify visitation arrangements, can the other parent oppose it?
Often, one of the parents gets visitation rights in a joint legal custody and the visitation time is fixed only after both parents come to a consensus. It is possible that the child spends a longer time with the non-custodial parent if both parents agree. However, if the primary parent decides to modify the agreement and in the absence of a court order to the contrary, the non-custodial parent would not be able to object. The only resort the non-custodial parent has is to file a petition in the court to extend the visitation time. Q. How does child support work in joint legal custody cases?
The court appoints one parent as the primary parent while the other parent may be required to pay child support. One may be subjected to punishment if child support is not paid. One may be required to pay child support though the primary parent and the child is out of country for a period of time. If the child is 18 years or older and is not living with the primary parent, even then the child support needs to be paid either to the child or to the relatives with whom the child is living. Understanding the legality or the fine print of the court order regarding joint legal custody is difficult for the parents and it is wise to consult a family lawyer so that they are well aware of their rights and responsibilities.
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