Can you tell me how joint custody is processed? 19 Answers as of January 19, 2012

You haven't stated what your relationship is to the child. For the sake of my answer, I am guessing that you are the father. To obtain joint custody, you need to file a either a complaint to legitimate the child (if you have not already legitimated), a complaint to obtain custody (if you legitimated at the hospital, but do not have a custody order in place), or a complaint to modify custody (if there is an existing custody order). To reduce the amount of child support you are required to pay, you would need to file an action to modify child support. To be successful, you must be prepared to show that either your income/financial circumstances has decreased significantly, the other parent's income/financial circumstances has increased significantly, or the child's financial needs have decreased significantly.

Usually if both parents are fit to take care of the children, they will share legal custody. It means all decisions are taken with both parents agreement. In some cases when both parents live close enough, the court may order that each parent share physical custody and alternate weeks. In other cases, when it is not possible, the parent that has the child and lives close to his/her school and other community connections will retain physical custody for the best interest of the child. Child support is not based on custody but the amount each parent's parenting time, cost of health insurance, dental insurance and daycare.

To file for a modification of child support, custody and visitation, you will need to obtain an attorney and file an Order to Show Cause.

Your question cannot be answered without a review of the facts. Initial custody determinations are based on what a court believes to be in a child's best interests. The court may consider any relevant evidence related to such a standard. Child support is based on the earning of BOTH parents and the parenting time that each has with the child.

If there has never been a case filed (Paternity or Divorce), then file the appropriate case,request jointlegal and physical custody in thosepapers,and havea copy of the filed papersserved on the other parent by someone other than you over the age of 18, along with the appropriate blank responsive papers. To speed up the process, and get temporary orders pending trial, also file an Order to Show Cause seeking joint legal and physical custody, witha declaration (not over 10 pages long) setting forth facts relating to the history of your parenting your child/children, as well as the quantity and quality of interaction between you and your child/children. Child Support is based on your income, the mother's income, and the percentage of custodial timeshare. The larger your actual custodial timeshare, the less your Child Support obligation. You would best retain the services of an experienced Family Law Attorney to represent you.

All custody orders are started with a motion for some kind of custody filed with the court. the parties will be seen by a mediator and hopefully reach an agreement. Joint legal custody is the preferred approach because that gives both parents a say in medical, religious, educational and other major issues of the child's life. Physical custoday can also be shared if the parties live reasonably close to each other and work well together, Child support is based on the income of the parties and the percentage of time each parent has with the child.

The process is complicated. You must properly petition the court and then prove at a hearing that shared parenting is in the best interest of the child. You need a domestic relations attorney's assistance.

If there is already a Decree and/or a Court order establishing the custody arrangement and amount of child support, you would have to file for a Modification of both custody and the amount of support. That would need to be filed probably with the assistance of an attorney with knowledge about dissolution and custodial law in Iowa. If you are still married then you would file for a Dissolution of your marriage and ask for the court the grant joint custody and set child support. Joint custody is a very common and preferred arrangement in Iowa. Both parties would have access without the other's permission to all school records, medical records, etc. involving the child(ren). Also, the visitation arrangement would be liberal and if both parties can work it out the court will usually just approve an agreed to Parenting Plan. In either a Dissolution or a Modification action both parties would have to go through mandatory mediation to see what arrangements could be made by agreement on the visitation and child support issues.

There is legal custody and physical custody. Physical custody is determined by considering the 13 statutory factors in determining what is in the best interest of the child/children if you and your spouse cannot agree on custody and parenting time schedule. Child support is determined by a computer program that considers the gross income of you and your spouse and the making adjustments for taxes you pay State, federal, local) any day care costs, any union dues and any out of pocket payments for health insurance, plus any overnights the non-custodial parent has with the child/children.

Please define what you mean by "joint custody". In Texas, we use the term conservator. A conservator is a person with the right to make legal decisions regarding a child and a conservator usually has some right to access, possession or visitation with the child. Joint Managing Conservators therefore means the parties have equal (or nearly equal) decision power for the child. Physical possession is what some people consider custody. Physical possession is not Conservatorship. Accordingly, I need to know what you define as "joint custody". Some clients consider it joint custody if they have Joint Managing Conservatorship and standard visitation - 1st, 3rd, and 5th weekends, alternating holidays, and 30 days in the summer. Other clients consider joint custody as a 50/50 split of time with the child (this is sometimes called Split Custody, though no such term exist in the Texas Family Code). The really important part to this is that chaining custody is done the same way regardless of whether you are seeking to change the decision power (conservatorship) or to change the amount of access and possession, or even changing the amount of child support. File a motion with the court asking for the relief you want. Then when the case is set for trial, prove by credible evidence entitlement under the law and that it is the best interest of the child.