When parents are first embarking upon separation or divorce, they often hear the term “joint custody”. In fact, joint custody of one form or another is the norm, these days. What exactly is joint custody?
Two Types of Joint Custody
There are two types of joint custody: Physical and Legal.
Joint Legal custody is where both parents have the joint right to share in important decisions regarding the child in the areas of education, religious upbringing and medical care. It has been the norm for the last decade or two. This was step one of the Father’s Rights crusade to acknowledge that fathers who divorce are only divorcing their wives, not their children. It was considered a step in the right direction, a way for fathers to continue to be important in the lives of their children and to have a say-so in the most important areas of their lives. But the dirty little secret about joint legal custody is that it really isn’t ‘joint’ at all. In most states, both parents are encouraged to jointly make important decisions but, in the event of a disagreement, the custodial parent’s decision is the deciding factor unless the non-custodial parent wishes to take the time, money and energy to challenge the custodial parent in court over the issue. So, in sum, joint legal custody simply gives the non-custodial parent the right to challenge the custodial parent in court over important issues regarding their children.
As non-custodial parents learn that the only rights they have are often impossible or not easily attainable, there becomes a bigger push for Joint Physical Custody. Under this arrangement, the parents share actual parenting time somewhat equally.
There are a few common joint physical parenting time configurations:
- The children alternate time, spending one week at each parent’s house and attending school in both districts
- The children spend the school year with one parent and spend summers and school breaks with the other parent.
- The children spend all of their time in one home while the parents take turns moving in and out of the family home.
- The children split the weeks or even the days between parents. Some children go to one parent’s house in the morning, during the other parent’s work hours and return to the working parent’s home after work and for bed. Some children might spend Friday – Sunday with one parent and Monday – Thurs with the other or a variation on this theme.
The goal of joint custody is to give children as much time as possible with both parents. Many courts will consider a request for joint physical custody if one is made by one or both parents. Most courts will routinely grant a request for joint legal custody with very little consideration. It is helpful to understand the difference.
For additional reading, check out The Case Against Joint Custody