Child custody is the term used for parental rights and responsibilities regarding the care of the couple’s children when the parents no longer live together. When an unmarried couple has children and then subsequently split up, or a married couple with children decides to divorce, child custody issues arise and are often the most contentious issues relating to a parents going their separate ways. If the parents cannot come to a custodial arrangement on their own, then the court will intervene and determine parental rights and obligations based on the best interests of the child or children. It’s important as a parent to educate yourself regarding custody matters so that should a custody battle ever arise, you have some knowledge of the proceedings. There are some terms that often get confused, like the difference between sole custody and joint custody (which can include elements of both physical and legal custody). If you are ever in a legal battle over child custody, it is imperative that you get qualified legal help immediately.
Joint Custody
Joint custody, also known as shared custody, is when the parents don’t live together, but share decision-making responsibilities and/or physical control and custody of the child. In most cases, the court orders at least joint legal custody, in which both parents have a say in the decisions made regarding the child, including where the children will be educated, in which extra- curricular activities the child may participate, medical decisions, and virtually every other material decision to me made regarding the child. Sometimes the custodial parent gets the final decision, and sometimes the court will grant legal custody to both parents in general, but will give one parent sole legal custody pertaining to a specific issue, like which physician the child will see.
Joint physical custody allows each parent the right to have custodial (physical) control of the child for some agreed or ordered segment of time. Many courts today are receptive to joint custody arrangements because, if the parents work well together and live in relatively close to each other, joint custody helps satisfy the state’s public interest in the child maintaining relationships with both parents. Some courts presume joint custody as a default, and some do not. It largely depends on the family law judge presiding over the case. The parents, however, can persuade the court to grant joint custody even in courts that don’t presume joint custody to be the default custody solution if they can show an ability to work together in the best interests of the child, and where the logistics can be worked out.
When the court grants each parent both physical and legal custody of the child, this may result in an even, 50-50 split in time and location between parents, like alternating weeks with each parent. Often times the parents will work out a schedule according to their work responsibilities, housing arrangements and the child’s needs. Parents who share custody will need to be flexible to respond to unexpected changes in the other parent’s schedule.
If the parents cannot reach an agreement, then the court will intervene and impose an arrangement. It’s fairly common for the child to split weeks between parents, but schedules can be made that trade months and years as well. There’s even a provision in joint custody arrangements where the home and child remain constant, and the parents rotate instead. This is commonly referred to as “bird’s nest custody.”
Joint custody is beneficial in that the child has continued contact and interaction with both parents, which is crucial for the child’s development and helps both parents with the responsibilities of parenting. However, the disadvantages include time spent transporting the child from parent to parent and the potential for non-cooperation between parents. Maintaining detailed and organized financial records of expenses is important in joint custody situations. If expenses ever become an issue between parents, a judge will greatly appreciate your record keeping.
Sole Custody
Sole custody is defined as the exclusive right of one parent to physical custody of the child. This parent gets to decide where the child lives, as the child will reside with that parent at all times, except for the visitation periods granted by the court to the non-custodial parent. Sole physical custody is often paired with joint legal custody, so the non-custodial parent still has a say regarding the child. Visitation rights may be denied the non-custodial parent if the court deems the parent unfit in some way and detrimental to the child’s welfare, like being abusive or addicted to narcotics.
Having legal representation during your divorce proceeding helps ensure that you receive the custody or visitation to which you are legally entitled, and that the best interests of your minor children are protected. The Law Office of Jeffrey R. Sport provides a complete array of family law services to serve the diverse needs of its clients, including divorce, paternity, child custody and visitation, child support, decree modification, contempt petitions, termination of parental rights and other related services, in a dedicated and efficient manner. Our approach to family law is to protect the interests of any minor children involved and protect the safety and welfare of our clients and their children.