Joint Custody

As with sole custody, there can usually be two different types of joint custody or shared custody: joint legal custody and joint physical custody.

Generally, joint legal custody is where both parents share some or all of the decision-making powers for their child, unlike a sole legal custody arrangement where only one parent has decision-making power.

Joint physical custody is a common custody arrangement where both parents have physical caregiving time with their child. Joint physical custody is often termed as visitation/timesharing/parenting time. For how your specific state handles joint custody and the terms used, it is best to speak with an experienced family law attorney.

In any custody case, a family court is always going to base custody decisions, both legal custody and physical custody, around the best interest of the child standard, which is all about the child’s welfare and child’s needs. What this constitutes will vary from state to state, however, and it will be important to know what elements the family court looks at in a child custody case where you live.

Joint Legal Custody

Joint legal custody generally means both parents have an equal say in major decisions and important decisions regarding their child. These major decisions are generally:

• Where the child lives
• Medical care and health care treatment a child receives
• Child’s education
• Religious upbringing, if any
• Extracurricular activities the child does

If one parent does not agree on one of these major decisions, then the “event” or “thing” doesn’t happen unless the other parent asks the court to overrule the other parent. This includes moving with a child — either in-state or out-of-state.

In a joint legal custody order, most custody orders will not designate a “custodial parent” or “noncustodial parent” because both parents have legal custody.

‘Limited’ Joint Legal Custody

Another common arrangement is for a court to issue a custody order that orders joint custody but gives one parent sole decision-making authority on one important decision. As an example, maybe there have been issues with one parent not making sound medical decisions for a child, and a court finds that the child needs just one parent making the medical decisions, rather than the parents constantly fighting.

In this situation, the “noncustodial parent” for medical care should still be informed of all treatments, which providers their child sees, and when their child has appointments. But they cannot make the actual decision regarding treatment outside an emergency.

Communication Is Key

Communication in co-parenting is a key piece to a successful joint legal custody arrangement. You must be able to discuss these major issues regarding your child and hopefully reach joint decisions.

While it’s unrealistic to expect parents to always agree on every single issue, or always be able to reach a joint decision, not being able to work through and resolve disagreements and needing court intervention should be an exception, not the norm.

You and your co-parent should exhaust other avenues, such as mediation, before coming to court. If parents are always in court, especially over what could be seen as small or trivial issues, a family court may take a close look at how you communicate. If a judge sees major problems with communication, they may order you and your co-parent to take classes or see a parenting coordinator. If one parent is consistently the problem, the court may even modify the legal custody arrangement.

Joint Physical Custody

This refers to the custody schedule of parenting time or visitation each parent physically has with their child. A joint custody arrangement is the most common type of custody.

Joint physical custody does not necessarily mean equal time, however. In fact, most states do not have a presumption for equal time in a joint physical custody order, unlike Kentucky, which does have a presumption of both joint legal custody and equal parenting time.

A fairly common joint physical custody schedule is where one parent has every other weekend and maybe an evening with their child each week, and the other parent has the rest of the time. Then the parents divide up holidays and school breaks like spring break and summer vacation.

The amount of time each parent has with their child will depend on various factors like:

• Each parent’s schedule
• A child’s schedule and which parent is able to transport
• Any history of domestic violence
• How far apart the parties live
• What best fits the child’s well-being

Talk to a Family Law Attorney Today

Even if you and your ex are determined to stay out of court and work out a joint custody arrangement, you should consider talking to a family law attorney before you make any decisions regarding child custody. An attorney can protect your rights and interests and help you stay focused on working out an agreement.