Family Law

Ask a Family Law Question, Get an Answer ASAP!

Questions about Joint Custody Law

Child custody laws can be very confusing since there are so many different aspects to child custody. Once a couple has separated or divorced, they are often faced with shared custody or joint legal custody of their child. Sometimes the nuances and technicalities of joint custody can result in questions, doubts or disagreements. The Experts on JustAnswer can answer most of your child custody questions and inform you about the legal implications to help you stay on the right side of child custody laws. There are many aspects of joint custody that may be confusing to someone not familiar with these laws. Below are the most common questions asked on JustAnswer about joint custody law.

What is Joint Custody?

Joint custody is defined as both parents sharing equal rights to make decisions that affect their child. The word ‘custody’ encompasses decisions that could include, but are not limited to: health insurance, residential location, school participation and religion. This type of child custody respects the equally important role and involvement of each parent in the child’s life. Joint custody can often be confusing for parents that do not understand their individual role in the child’s custody, have disagreements over each parent’s responsibilities, or if one or both parents are ignorant of the legal obligations. As a result, “What is joint custody?” is one of the most frequently asked questions on JustAnswer.

What is Custody vs. Guardianship?

If you’re wondering what the difference is between child custody and guardianship, you’re not alone. Parents are the legal guardians until the child is 18 years of age. Child custody is the right to have physical control over the child granted to one parent or another in a divorce or separation. Sometimes, parents are not able to care for the children and the next of kin or some other relative may be granted guardianship of the child. The difference between guardianship and custody can be confusing. Many of the questions that are asked of Experts on JustAnswer are about child custody and guardianship. If you are faced with questions regarding child custody laws, ask the Experts on JustAnswer. They can provide you with expert legal insights.

How to Modify Joint Custody if the Agreement is Broken?

Modifying joint custody can be a lengthy process. You must first file a motion with the court expressing why you would like to modify the child custody arrangement. You must be able to prove you have the grounds for asking for the modification by showing just cause that the opposite parent has broken the original joint custody agreement. If you are not sure of specific factors that can impact your ability to have your joint child custody agreement modified, ask lawyers on JustAnswer. They can help answer your specific questions and point you in the right direction.

Legal Joint Custody of Grandchildren

When the actual parents can no longer care for their children, the grandparents can step in and take over legal joint custody. Grandparents must file a motion to take full custody of the children in the event the parents can no longer care for them. There are specific steps that must be taken and procedures to follow when grandparents file for joint custody of a child. Child abandonment by parents, child abuse, and neglect of children are prime examples of times where grandparents might want to take legal joint custody. If you are faced with a situation where you feel there may be a need for grandparents to file for joint custody of children, or have questions on grandparent’s rights for joint child custody, the Experts online on JustAnswer can provide you with quick affordable answers.

Child Custody and Tax Returns

When parents divorce or separate, either one of the two parents is awarded custody of the children, or they may be awarded joint custody. At the time of filing State and Federal Income Tax, it can become confusing as to who exactly is able to claim the children — especially in the case of joint custody. At the time of the divorce or separation, there may or may not be verbal agreements between parents about custody of the children. Sometimes, various issues about child custody are not resolved or agreed upon during divorce or separation.

If there are verbal agreements in place, they may not have a legal standing and may not hold up in a court of law. You should protect yourself and the interest of the children by filing all verbal agreements with the court. The reason for this is: if one party falls back or dishonors the agreement, the IRS will grant any returns to be paid to the custodial parent that claims the dependency exemptions. There are specific forms that the second parent may have to sign in case there is an agreement to let you claim one child even though you are not the custodial parent. These types of issues provoke challenges and can give rise to many questions. The Experts on JustAnswer regularly answer these questions. As qualified Experts, they can answer your tough child custody questions — whether they pertain to IRS, specific laws in your state or other aspects of child custody.

You can get quick and affordable answers to tough questions and get insights on the course of action you can take. All you need to do is ask a lawyer on JustAnswer.

Recent Joint Custody Questions

My wife (plaintiff) and I (defendant) are going through a divorce

My wife (plaintiff) and I (defendant) are going through a divorce in the state of Maryland. In the first stage of the divorce, is the custody merits trial, followed by the property stage. Prior to the divorce, the family met and we all agreed to a week on/off between the parents. Furthermore, the wife and I stated through several emails to have a joint custody, 50/50 with the kids.

Brief background of the case: there is a protective order in place. In short, the protective order was the result of actions between the wife and I changing locks on the doors; the wife stated that she was interment fear of her life (violence history; a non-sexual smack on the butt in 2002). I was represented by a family lawyer who thought my PO case would be non-trivial. I lost the case.
In the PO, I must vacate the marital home and only communicate with my wife via text and email with regards XXXXX XXXXX children. Many months ago, there were some emails sent back and forth between the wife and I. The wife “timely” filed a complaint of violation of the protective order a few hours after the custody pre-trial stating the court recommended a 50/50.
Fast forward to the custody trial, which concluded a few days ago, and the outcome favored my wife. She requested sole custody with minimum visitation; I requested a 50/50 joint custody in aligned with our initial agreement and with the court evaluator. Prior to the custody trial, the Circuit Court ordered an evaluator to assess the two parties and our two children, 11 and 9. The court evaluator assessed and documented their assessment. In evaluator’s report recommended a 50/50 custody would be the best fit for the children.

Both parties are pro se. Since the court was handed the docket at the “last minute,” the court took a 15-minute recess at the beginning of the trial to review the party’s pre-trial statement. Upon from recess, the court asked each party to state what each party preferred as custody. We both stated our preferred custody. The court responded to my custody preference with a comment of, “…50/50 does not work.” I responded back with, how can the court assess what may work without an opportunity to try it.

During litigation, several witnesses were called including the expert witness, the court evaluator. All witnesses testified that both parents were ideal parents, engaged with the children, and stated there were no parenting concerns.

After two days of litigation, the court took the matter under advisement; the court responded back in 30 days with an order. My wife has sole custody of the children and shared legal custody, however, the wife has the tie-breaker.

The court’s reasoning for awarding my wife sole custody: a 50/50 custody was a form of controlling and manipulation, my children witnessing me being emotional (eyes watering) was a way of manipulating the children, and the eldest child stated she wanted a week on/off between parents, was influenced by me, I was less concern about the best fit for the kids…my concern was more about me being happy with the kids, and the outstanding PO and pending violations were also factored in the decision.

I plan to file an in banc review. My question, what could be my legal issue for in banc review? Was the court bias with the statement of, “…50/50 does not work” at the start of the trial? Did the court allow inadmissible evidence (Protective Order) under the MD Family Code, Ann. § 7-103.1, (a) Inadmissible evidence. — An order or decision in a proceeding under Title 4, Subtitle 5 of this article is inadmissible as evidence in a proceeding under this title? Finally, the court’s opinion of me being controlling and manipulating is subjective.

Any direction with the legality of my concerns is greatly appreciated.
I share joint custody with my exhusband over our daughter.

I share joint custody with my exhusband over our daughter. He resides in VA and I reside in NC. Is it legal for him to take her out of state (somewhere like Alabama or South Carolina) without my knowledge? Can he refuse to answer me if I ask? I have physical custody of her, but she travels to him every weekend. Thanks!
I have joint custody and 50/50 physical custody. I live 5

I have joint custody and 50/50 physical custody. I live 5 miles from my ex and my address is used for their school. I want to move 11 miles from my ex