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Author Topic: Alabama Joint physical custody.  (Read 2750 times)

Fueledbyjava

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Alabama Joint physical custody.
« on: Jun 18, 2008, 01:43:12 PM »
My attorney says that he has never seen anyone get 50/50 joint physical custody in the county we live in in Alabama. I was wondering if anyone has experience with Joint physical Custody and why it seems like attorneys are so reluctant to encourage clients to do it. That is the only thing I am willing to agree to out of court, and if we both agree to it why wouldn't the court allow it?


MixedBag

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RE: Alabama Joint physical custody.
« Reply #1 on: Jun 18, 2008, 02:42:42 PM »
if the two parties agree, the judge should allow.

HOWEVER, there will still be a primary residential parent receiving CS unless that part is agreed to as well.


knoot7

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RE: Alabama Joint physical custody.
« Reply #2 on: Jun 19, 2008, 06:17:33 AM »
If it is 50/50 and they agree... why would CS even been a part of the equation? 50/50 and there wouldn't be a primary...it would be joint physical and joint legal, wouldn't it?

In NY this is the way it is most of the time. 50/50 means no money exchanged...BUT medical insurance and who is to provide would be somehting that would be worked out if it went 50/50. my DH had 50/50 (now it is full time)...and no money exchanged for anything.

Fueledbyjava

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RE: Alabama Joint physical custody.
« Reply #3 on: Jun 19, 2008, 07:32:17 AM »
I would provide medical coverage for my daughter and even pay a small amount of child support if required. Chances are she won't agree simply because of the money but at least it shows before court that I was willing to work with her on this by sending ver several agreements all of which were rejected solely based on monetary reasons. I only want to be in my daughters life as a role model and a parent, i want to have full custody but I know there is no way she will agree to that before court. I don't want to remove my childs mother from her life either. I believe it is important for a child to grow up with both parents playing full active roles in their lives, married or not. Every other weekend doesn't do that, I would be a visitor and later a hassle, that is unacceptable. I am willing to cooperate and work with her to give our daughter an educated and fulfilled upbringing so she can reach her full potential and get everything she wants out of life. I am willing to do this despite my STBX's continued adultery, and deceit. Our daughter's welfare is the most important thing right now, period.

MixedBag

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RE: Alabama Joint physical custody.
« Reply #4 on: Jun 19, 2008, 08:11:13 AM »
While I tend to agree with you, but in mediation training 2 years ago, that's what we were taught about child support.

In AL, TIME doesn't figure into the calculations of how much CS is exchanged.

It was a huge discussion -- where instructor and I disagreed -- becasuse GA was just signed and there was no time factored into the equation when determining CS.  (o.k., doing this off the top of my head, if GA is your state, double check what I'm remembering).  Instructor said this was a GOOD thing because it took arguing over TIME vs. Money out of the equation.  I was the ONLY parent in the room, the rest were attorneys and two counselors.....and I said "HUH?" said a bit, and then kept my mouth shut.  Clearly we had to agree to disagree.

Take a look at different on-line calculators from different states.  CA comes to mind.....if one parent earns more than the other parent, and time is 50/50, then the parent who earns MORE will end up paying the other parent still in the end -- in order to level out the standard of living in both homes for the sake of the children.  It might not be much, but that's the philosophy behind it all.




Fueledbyjava

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RE: Alabama Joint physical custody.
« Reply #5 on: Jun 19, 2008, 12:39:19 PM »
I don't have a problem with paying her something even in a joint physical situation, I woyuld have a problem paying full CS if I had my daughter 50% of the time, but I understand leveling out the standard of living. It all seems reasonable (as reasonable as these things get anyway). I would have a serious problem if on the off chance that she and her attorney do agree to joint physical, the court still denied it even with an aprooved parenting plan and everything.  I believe my atty's ALS's words were " it just becomes a hassle and that's why they don't like it". A "hassle" to me would be being forced out of my childs life based soley upon my gender, as I have a great job (military), a stable environment and the want to be a full time father.

tigger

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In NC it's based on income of parents, so 50/50 wouldn't remove
« Reply #6 on: Jun 19, 2008, 01:30:55 PM »
CS unless the parents' had equal income.
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Fueledbyjava

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RE: In NC it's based on income of parents, so 50/50 wouldn't remove
« Reply #7 on: Jun 20, 2008, 07:15:53 AM »
Whatever the law says I will comply with. I was just thinking from a common sense standpoint why would I payy you for taking care of my child when i am taking care of her just as much as you are? But we are talking about a flawed, antiquated and biased system here so throw all reason out the window.

Fueledbyjava

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RE: In NC it's based on income of parents, so 50/50 wouldn't remove
« Reply #8 on: Jun 24, 2008, 07:04:38 AM »
 She is moving out this weekend and until we are divorced and the custody/visitation is set I am entitled to 50% time with my our daughter. I am trying to get her to work on a schedule with me, so far no luck. I believe she thinks that she calls the shots when it comes to our daughter based solely on the fact that she is her mom. I will keep everyone posted on what happens with this.

 

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