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Parenting -- Special Concerns
Reply to "How does a judge decide custody when all the factors to be considered seem equal?"
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[quote=Anonymous][quote=Anonymous]I have no idea what the court would find, as I don't live in a state that operates that way, but I think that unless the parent seeking full custody has some strong evidence that the other parent is unfit, the fact that they're seeking to take a child away from their other parent, is a sign that they aren't putting the child's needs first, and I'd lean towards finding for the other parent, although maybe with a suggestion that they go back to mediation and see if they can get to joint custody. Does the state allow 50/50 physical custody and just not legal custody? I can't really imagine someone having the kids 50% of the time, and not being able to make decisions for them. [/quote] Yes, legal custody and parenting time are completely separate and the state is very pro 50/50 parenting time. If the parents live in the same area and one parent desires 50/50 it is almost always ordered barring demonstrated abuse or neglect. It is extremely unlikely that in this case either parents parenting time will be reduced from the status quo of 50/50.[/quote]
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