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What is Joint Custody?

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definition of joint custody

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When couples with children divorce or separate, they encounter the legal concept of ‘shared parental responsibilities,’ an alternative to sole custody. In contrast to sole custody, where one parent has full authority, shared custody ensures active involvement from both parents in raising the children. It can manifest as joint legal custody, joint physical custody, or a blend of both.

 

Physical custody primarily concerns the child’s living arrangements. With sole physical custody, the child resides with one parent, while shared physical custody involves the child moving between both parents’ homes.

Legal custody dictates who makes significant decisions for the child, such as education and healthcare. If granted shared legal custody, involving both parents in decision-making is vital, and neglecting this responsibility may lead to legal consequences.

 

Various forms of shared parenting exist, with laws differing from state to state. Grasping these nuances is essential for navigating the intricacies of co-parenting

Joint Physical and Legal Custody

Joint physical and legal custody refers to a child custody arrangement where both parents share responsibility for the physical well-being of the child as well as the decision-making aspects of the child’s life.

Joint Physical Custody:

Definition: Both parents have the right to spend significant, substantial time with the child.

Living Arrangements: The child alternates between living with each parent’s residence on a scheduled basis.

Shared Time: Parents typically work out a specific schedule to ensure the child has regular and consistent contact with both parents.

Joint Legal Custody:

Definition: Joint legal custody involves both parents participating in major decision-making regarding the child’s life.

Decision-Making Areas: Parents jointly decide on important aspects, such as education, healthcare, religious upbringing, and other significant life choices.

Communication: Both parents are expected to communicate and collaborate on decisions affecting the child’s welfare.

Combined Joint Custody:

Definition: This is a comprehensive arrangement that includes both joint physical and legal custody.

Complete Involvement: Both parents actively participate in the child’s daily life and share responsibilities for decision-making.

Benefits of Joint Physical and Legal Custody:

  • Child-Centered: Focuses on the well-being and best interests of the child by ensuring their ongoing relationship with both parents.
  • Shared Responsibilities: Both parents actively contribute to the child’s upbringing, promoting a sense of stability and continuity.

Considerations:

  • Effective Communication: Successful joint custody requires open and effective communication between parents.
  • Cooperation: Both parents must be willing to cooperate and make decisions that prioritize the child’s welfare.

Joint physical and legal custody is a flexible arrangement that can be tailored to fit the unique needs and circumstances of each family. Courts often consider joint custody when it aligns with the best interests of the child.

Receive Professional Legal Help with Your Child Custody Conflict

Facing a child custody dispute? An experienced lawyer is crucial. They guide and represent you for the best outcome—whether joint custody or another agreement. Reach out to a child custody attorney for assistance today.

Source:

  1. Joint Custody. (2018, October 15). Retrieved November 16, 2020, from https://family.findlaw.com/child-custody/joint-custody.html

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