Joint Custody

What is joint custody?

Joint custody is an agreement that parents reach during divorce that allows both parents to retain legal and physical custody of their children. Under joint custody agreements, children can split their time living with each parent. This helps them spend time with each parent and allows parents to remain active in their children’s lives.

The physical custody split can be equal or otherwise based on the needs of the children, the court’s determination of what’s best for the children, and the needs and willingness of the parents. Under this agreement, both parents are considered custodial parents and share full responsibility for their children’s well-being.

FAQs

What are the grounds for joint custody?

Typically, courts award joint custody when it is in the best interest of the child or children and when both parents are able and willing to work together to raise their children under separate roofs. If either parent expresses a desire not to be involved, joint custody may not be offered.

What are the advantages of joint custody arrangements?

One of the main advantages of joint physical custody and legal custody is that both parents remain active in their children’s lives. This custody agreement typically creates more emotional stability for both the children and their parents. 

What are the disadvantages of joint custody arrangements?

Joint custody can lead to conflicts between parents if they disagree on how to raise their children. There can also be challenges associated with scheduling handoffs, coordinating schedules, and ensuring that the children involved feel comfortable moving from home to home. 

When would a judge not grant joint legal custody?

The court will take the child’s best interest into consideration when setting any type of custody arrangement. They may decide that joint custody isn’t in the best interest of the child if:

• One parent has a history of emotional or physical abuse.
• There’s a clear history of neglect.
• One parent expresses a desire to not have custody of their children.
• The court believes the child’s health would be adversely affected if both parents have custody.

If the court determines that joint custody isn’t appropriate, they may award sole legal custody to one parent. The other parent may still have visitation rights, depending on the circumstances.