The reduction of shuttling may constitute a corollary of the need for stability and continuity or may amount to an independent consideration. It can inflict on the children and parents substantial logistics, the consumption of time, emotion, and expense, and the occasion for friction.
If the parents shared caregiving responsibilities, then shared custody is more important. Shared physical custody is a custody arrangement in which each parent shares equal or approximately equal time with the children, with parenting time often measured by the number of overnights each parent has every two weeks 14 days. A typical shared custody arrangement involves each parent having the child for 7 overnights out of every 14 days.
In roughly ten U. In these states, if the parents cannot agree on parenting time, a court will order shared physical custody unless one parent can present evidence to overcome the presumption, such as evidence that one parent has a history of domestic violence, the special needs of the children, or other evidence that shared custody is not in the best interests of the children.
Approximately five other states, including California and Connecticut, have a presumption of shared physical custody if the parents can agree. These states are best understood as having a presumption that favors shared physical custody , but does not automatically impose shared custody if a parent fails to present strong evidence against shared parenting.
In and , 20 states across the U. As I wrote in my blog :. More women are in the workforce, and the nature of the roles that adults play in a family, has been evolving for decades. Additionally, social science research has found that a child benefits in numerous ways when both parents are involved in their life after a divorce.
The majority of states, including Massachusetts, have no presumption favoring or disfavoring shared physical custody vs. Judges in these states decide custody in each case based on the best interests of the child standard. In some cases, shared custody is simply inappropriate. In addition to fundamental parenting issues like substance abuse and domestic violence, Massachusetts law requires judges to examine whether parents have a history of cooperative behavior and the ability to communicate before granting shared physical custody.
Supreme Court has ruled that it is unconstitutional for a court to consider race when a noncustodial parent petitions for a change of custody. In Palmore v.
Sidoti , U. She remarried an African American man and moved to a predominantly African American neighborhood. The father filed a request to modify custody based on the changed circumstances from the marriage and the move. A Florida court granted the modification, but the U. Supreme Court reversed, ruling that societal stigma, especially related to race, cannot be the basis for a custody decision.
When a court awards physical custody to one parent and "reasonable" visitation to the other, the parent with physical custody generally has the power to decide when and how much visitation is reasonable. In other words, unless the parents have a specific calendar or schedule, a noncustodial parent's visitation is often affected by the relationship between the parents.
When a custodial parent wants the child to have a meaningful relationship with the other parent, it's more likely that the parents will work together to ensure that there's a truly reasonable visitation arrangement.
Unfortunately, an order that one parent is to have "reasonable" visitation can result in the noncustodial parent having to fight for time with the child. To avoid this problem, many courts require parents to work out a fairly detailed parenting plan that sets the visitation schedule and outlines who has responsibility for decisions affecting the children. When parents can't agree, the court will create a schedule for the parents to follow. Standard visitation arrangements often include alternating weekends, school breaks, and holidays that occur during the school year, as well as significant visitation in the summer.
Child custody mediation is a non-adversarial process where a trained, neutral professional called a mediator meets with parents to help them reach an agreement about custody and visitation. The mediator does not have the power to make decisions for the parties. Instead, the mediator facilitates negotiations and might suggest solutions. Mediation is confidential—what the parties say in mediation can't be used in court. Mediation is often a better option than litigation fighting it out in court for resolving custody and visitation disputes.
That's because:. Experts who have studied the effects of divorce on children universally conclude that when divorcing or separating parents can cooperate, the children suffer far less. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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Judges cannot favour one type of custody over another. There is no one-size-fits-all custody arrangement. Because each child is different, with different needs and different situations. This is not a legal opinion nor legal advice. Need a Parenting Plan Attorney? Contact Envision Law Today! Go to Top.
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