What Is Joint Child Custody?
Joint child custody can refer to a variety of different things. There are several aspects of child custody that need to be addressed in a divorce situation. Understanding what joint child custody is requires you to understand some very basic ideas.
First, it is important to understand the differences between physical custody and legal custody. Physical custody refers, specifically, to where the child lives. If a parent has sole physical custody, it means that the child or the children live with that parent. It doesn’t mean that the other parent has no visitation rights, or that the child can’t stay with the non-custodial parent. Generally speaking, these sorts of visitation arrangements will be specified in detail during the divorce proceedings.
Joint physical custody, then, refers to a situation in which the parents share physical custody. This is to say that the child lives with both parents on a roughly equal basis. In some states, a child may stay with a parent as little as a third of the time, yet still be considered to have joint physical custody of the child. In some joint physical custody arrangements, it may be that the child or children stay in the home full time, and the parents rotate in and out of the home.
There is also the issue of legal custody. Legal custody includes the rights and responsibilities that the parents have toward the child. This includes making decisions about things like education, health care, and instruction in religion. When one parent has sole legal custody, then these sorts of decisions are up to just that parent. Even in the case when one parent has sole legal custody, here again the non-custodial parent may still retain visitation rights. However, it is likely that they won’t retain any other rights relative to the child.
Joint legal custody is the most common form of legal custody awarded by the courts. With joint legal custody, parents share the responsibilities for the child or the children in regard to those areas.
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