How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9396
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
characters left:
Family Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Questions about Joint Physical Custody Laws

One of the things that couples filing for a divorce or legal separation need to consider is what happens to their children after the divorce or separation. In some cases, they request for joint physical custody of the child. Joint physical custody has many legal implications and can be confusing to many. How do responsibilities get shared or divided? What about child support? How to modify joint physical custody arrangements? These are some of the questions that people are often faced with? Given below are five of the top questions regarding joint physical custody that have been answered by Family Lawyers on JustAnswer.

What is Joint Physical Custody?

After a divorce/separation, many parents need to take a call on the custody of the children. Joint physical custody is where both parents have the responsibility of the physical care of the child. It need not always be 50/50, but in most cases, maximum time with both parents is preferred. Most joint physical custody judgments are made keeping the best interest of the child in mind. Both parties should normally be in agreement with the joint physical custody arrangements and any modifications to the arrangements are usually be made only by submitting a petition to the court.

How to Get Joint Physical Custody?

Parents can file a petition for joint physical custody in a family court. In most cases, the court may be in favor of joint physical custody unless the circumstances make it impossible for one parent to share custody. You can ask Family Lawyers on JustAnswer about any specific question on joint physical custody that you need clarity on.

What is the Difference between Custodial and Non-Custodial Parent in Joint Physical Custody?

Joint physical custody has two parties – the custodial and the non-custodial parent. The parent who is with the child and has physical custody for more than 50% of the time is generally referred to as the custodial parent. However, if the time spent with the child by both the parents is more or less equal, then there is not much difference between the custodial and non-custodial parent. In most such situations, both the parents have equal rights and responsibilities in raising the children.

Can the Joint Physical Custody Arrangement be Modified if One of the Parents is Getting Deployed?

In most cases of joint physical custody, one parent is given the primary custody of the child. In a situation when the primary custodian may get deployed for a while, the other parent may petition to the court for temporary custody. The joint physical custody laws may vary from state to state. In some states like Virginia, if both parents agree, they can petition to modify the current order. If either of the parents does not agree, then the other parent may have to seek help from an attorney who specializes in family law to request for primary custody.

Can a Parent Stop Paying Child Support if the Child Starts Living with him/her in a Joint Physical Custody Arrangement?

When parents opt for joint physical custody of their children after legal separation or divorce, one of them usually has to pay child support. Child support can generally not be stopped even if the child, at a later time starts to live with the other parent. It can be considered an offence if the parent does not pay child support and can lead to punishment. The parent can petition to modify child support if he/she wants the court to review and revise the custody and child support ruling.

Raising a child after a divorce or separation can be difficult. There are a lot of details and points to be looked into before the parents can come to a definite decision about the children. If you have any specific questions on joint physical custody, child support or visitation, you can ask a Family Lawyer on JustAnswer and get answers quickly and affordably.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9396
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
characters left:
Family Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Family Lawyers are online & ready to help you now

Ely
Counselor at Law
Satisfied Customers: 8085
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
LawTalk
Attorney and Counselor at Law
Satisfied Customers: 6424
27+ years legal experience. I remain current in Family Law through regular continuing education.
FiveStarLaw
Lawyer
Satisfied Customers: 6336
25 years of experience helping people like you.

Recent Joint Physical Custody Questions

  • I am filing for a divorce and my primary concern is preventing

    I am filing for a divorce and my primary concern is preventing my sons mother from relocating to another state and taking my son with her. I'm seeking joint physical custody with 50/50 actual shared time which she has agreed. With that, if she attempted to remove him from the State, would i have legal grounds to file a restraining order preventing her from taking him? or can i then have full physical custody granted? Should I be filing for Sole legal custody instead? I am in the State of Hawaii.
  • I'm a father currently in the process of divorcing my wife.

    I'm a father currently in the process of divorcing my wife. We have one child together, and I have three other children who live at home with me during the school week. The child is 6 and has spent his entire life with his siblings and we are in a highly
    rated school district. I'm a volunteer at his school, and my 8-3pm work schedule has allowed me to pick him up and drop him off for school every day. My job is 4 miles from home and school and I have 100% flexibility in any emergency. I also have two family
    members who live close by and who can help at a moment's notice. She does not have anyone at all within 600 miles to help in an emergency. I have been a very equal care taker, and handle all of the discipline and encouragement for him to learn responsibility
    (i.e. teaching him to sleep in his bed, finish his dinner, etc.). I've also historically spent more time with him than his mother outside of school. She usually takes him to the routine doctors appointments (I always went to the difficult ones or surgeries)
    and took him to preschool last year. We have about equal income and I am staying in the family home while she has moved into a small apartment. She also quit her full time, higher paying job AFTER divorce was filed to take a much lower paying part time job
    35 miles from home to be closer to her boyfriend (wife cheated on my and disappeared for over a month while I took care of our son 100% except for 4 days in the middle of the month). Our son has been very upset at her taking him away from his siblings for
    a majority of the time during our divorce period. My wife was also arrested (she was ultimately not charged because one of the witnesses couldnt be contacted right away because of a confusing sentence in the statement) and sent to jail for domestic violence.
    She has also told our son that she is keeping him and I will only get to see him once in a while. She is asking for primary custody of our son, where I would only get to see him alternating weekends and one evening per week. I've repeatedly asked her to agree
    on joint physical custody so our son can continue to grow up with his siblings and remain in the family home and school he currently attends, which she will not even respond to me about. I've extensively reviewed the 12 pieces of criteria for determining custody
    and I believe I possess a strong advantage in most areas, but much of this comes down to my word against hers. Based on this information, can you tell me the general chances that I will have in being able to get either joint split physical custody or primary
    custody of our son so he can maintain continuity of his happy life as much as possible? I'm told by many people that since I'm a father, I don't stand a chance, but I've been an enormous caretaker in his life and my entire professional and personal life has
    always been centered around our son and my other children who live at home. I'm located in Michigan. Any insight would be incredibly helpful! Thank you!
  • I was divorced in 2007. I have a 15 year old son. In my divorce

    I was divorced in 2007. I have a 15 year old son. In my divorce agreement my ex and I have joint physical custody. At the time of my divorce my ex and I were basically making the same salary, so there was no child support necessary. Fast forward 7 years, I became disabled and began receiving SSDI and dependent benefits for my son. These combined benefits are less than half of what my ex-husband makes. 4 months ago, my ex sent my son to live with me full time. He states that since I'm getting dependent benefits for our son he is no longer financially responsible for providing anything financially. Is this true? I know I need to modify the custody orders, but shouldn't my ex-husband pay child support or is his responsibilities covered based on my son's SSDI dependent benefits? I live in Colorado.
    Thank you.
< Last | Next >
View More Family Law Questions