Sample Family Legal Memo | Award custody

How will the parents’ high-conflict relationship affect the determination to award custody and/or access, and specifically to award joint custody?

A high conflict relationship between the parties usually precludes the possibility of joint custody arrangements. If the parties can demonstrate they are capable of co-parenting, despite the fact they have difficulties communicating, or that joint custody will preserve the child’s relationship with one or both parents, a court might award joint custody.

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