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Presumed Joint Custody?

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audster

Member
What is the name of your state?Illinois

What does "presumed Joint custody" actually mean?
How does it apply to non-married parents if the father wasted no time in establishing paternity?
Does Illinois use presumed joint custody? Indiana?
How do you go about enforcing it?
 


BL

Senior Member
Presumed Joint Custody is a term used in place of a parenting plan, etc .

I would not think it would even be considered without some sort of proof of Parentage .

Also , each case is decided individually .
 

gatorguy3

Member
What state do I live? Florida

Presumed Joint Custody is a term being thrown around lately because of Non Custodial Parents who are tired of being considered second class citizens to their children.

Many NCP's are asking that a Presumption of Joint Custody is evaluated but there are too many nay sayers who feel it is not justified. They feel each case should be looked at individually.

To the best of my understanding, there are no states or courts who recognize Presumed Joint Custody at this point and there is no change in site.
 

LdiJ

Senior Member
audster said:
What is the name of your state?Illinois

What does "presumed Joint custody" actually mean?
How does it apply to non-married parents if the father wasted no time in establishing paternity?
Does Illinois use presumed joint custody? Indiana?
How do you go about enforcing it?
Its really hard to answer that question without knowing the context in which you are asking it.

However I can tell you that in Indiana there is no presumption of joint custody in any scenario. I believe that Illinois is the same, but I am not entirely certain.
 

Whyte Noise

Senior Member
gatorguy3 said:
What state do I live? Florida

Presumed Joint Custody is a term being thrown around lately because of Non Custodial Parents who are tired of being considered second class citizens to their children.

Many NCP's are asking that a Presumption of Joint Custody is evaluated but there are too many nay sayers who feel it is not justified. They feel each case should be looked at individually.

To the best of my understanding, there are no states or courts who recognize Presumed Joint Custody at this point and there is no change in site.
Your own state has a presumption of joint custody:

FLORIDA Statute (2004)
PASSED - presumption in favor of joint custody.
61.13 Custody and support of children; visitation rights; power of court in making orders.
(b)1. The court shall determine all matters relating to custody of each minor child of the parties in accordance with the best interests of the child and in accordance with the Uniform Child Custody Jurisdiction Act. It is the public policy of this state to assure that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing. After considering all relevant facts, the father of the child shall be given the same consideration as the mother in determining the primary residence of a child irrespective of the age or sex of the child.

There are also at least 29 other states that have a presumption of joint cusotdy.

http://www.gocrc.com/research/legislation.html
 

gatorguy3

Member
Re: Presumed Joint Custody

Yes, there are many states who have passed changes to the statutes to include the wording of "presumed joint" but there is very little to date on how effective it is or will become.

The judges are still stuck on what is "in the best interest of the child" and that gives way to too much inconsistency and bias. Many judges rule on what is in the best interest of the state with respect to special interests.
 

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