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<blockquote data-quote="Lil" data-source="post: 664033" data-attributes="member: 17309"><p>That's not 100% accurate. There is a presumption that joint legal and physical custody is in the best interest of the child. But it's only a presumption which can be overcome. A parent who refuses to work with the other parent to the point that they cannot co-parent the child (for instance - one who refuses to discuss things like what school the child will go to and who moves and changes schools just to alienate the child from the other) may be found to make joint custody unworkable. In those cases, it is possible to overcome the "joint custody" presumption and order sole custody - or joint physical, but sole legal (where they see the child 50/50 but one makes the decisions). </p><p> </p><p>And Joint doesn't necessarily mean equal. A primary custodian and a the other having visitation, say, every other weekend, 6 weeks in the summer, etc., can still be a joint custody order. </p><p> </p><p>In other words, Courts have very wide discretion. </p><p> </p><p></p><p> </p><p>It's not always on there the same day...so be patient! </p><p> </p><p>Thinking of Bart and Junior today and wishing them a good outcome!</p></blockquote><p></p>
[QUOTE="Lil, post: 664033, member: 17309"] That's not 100% accurate. There is a presumption that joint legal and physical custody is in the best interest of the child. But it's only a presumption which can be overcome. A parent who refuses to work with the other parent to the point that they cannot co-parent the child (for instance - one who refuses to discuss things like what school the child will go to and who moves and changes schools just to alienate the child from the other) may be found to make joint custody unworkable. In those cases, it is possible to overcome the "joint custody" presumption and order sole custody - or joint physical, but sole legal (where they see the child 50/50 but one makes the decisions). And Joint doesn't necessarily mean equal. A primary custodian and a the other having visitation, say, every other weekend, 6 weeks in the summer, etc., can still be a joint custody order. In other words, Courts have very wide discretion. It's not always on there the same day...so be patient! Thinking of Bart and Junior today and wishing them a good outcome! [/QUOTE]
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