How Does Joint Custody Work?
The differences between joint physical and legal custody.
- 2.5 min read
- custody
- divorce
- family law
Custody usually comes into question when two parents separate or divorce. There are two types of custody when it comes to children: physical and legal. Physical custody concerns children's living situations, while legal custody refers to their parents' rights to make significant decisions on their behalf. Co-parents who wish to share rights for their kids in either capacity often file for joint custody.
Joint custody is when both parents hold parental rights. While many assume joint custody means co-parents share physical and legal custody, it can apply to either or both. Additionally, co-parents with joint physical custody don't always have equal parenting time. In any case, it's important to understand the nuances of how joint custody works.
Having a thorough understanding of custody is essential because it affects each parent's responsibilities. Most importantly, it directly impacts the emotional and physical well-being of the children involved. Because child custody laws vary by state, it's beneficial to contact an experienced family law attorney or the local bar association to learn more.
What is joint physical custody?
Joint physical custody means that the child will live with each parent for a specific amount of time. While "joint" may imply that time is evenly split between co-parents, the amount of time does not have to be equally divided. While various factors influence what common schedule fits best for different situations, the children's ages are usually the most important.
What is joint legal custody?
Joint legal custody means that both parents must make significant decisions on behalf of the child together. Just because one parent has sole physical custody doesn't mean they have sole legal custody. For example, let's say the parent with sole physical custody wants to enroll their child in a new school. They may still need permission from the child's other parent if joint legal custody is in place.
How is joint custody determined?
In divorce situations, a couple's separation agreement or divorce decree specifies how physical custody and living arrangements will work. Most co-parents try to work out agreements between themselves, while others seek the help of an attorney or mediator. If they can't come to a mutual decision, arbitration or court involvement may be necessary.
What factors could prevent joint custody?
Joint custody, both physical and legal, is preferred by most psychological experts and law professionals because it typically results in a better outcome for the children. However, certain factors can prevent shared custody from being granted. Judges may choose not to award joint custody due to a parent's criminal record or out-of-state residence.
Can kids have a say in their custody arrangement?
While children are guided by their parents until they become legal adults at 18, some states let them make decisions about their visitation schedule. Most states that consider a child's wishes in a custody case will accept their input as early as 12 or 14 years old. Otherwise, courts typically prioritize a child's best interests over their preferences.
Communication is key for all kinds of custody
Whether co-parents have joint or sole physical or legal custody, clear communication is crucial to following a child-centered custody approach that prioritizes the health and well-being of the children involved. Once a custody schedule is set, parents must follow it closely and conduct exchanges as ordered to avoid custodial interference.
Whether you need to track parenting time failures or check your custody schedule, using a co-parenting app like TalkingParents can help. Our features help make shared parenting more organized, focused, and documented. From noting important dates to sharing changes, you and your ex can work more efficiently to promote your kids' best interests.