Types of Joint Custody Arrangements

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You probably have a good idea of what "joint custody" means: a child's divorced parents sharing physical custody of their child and both have rights in the decision-making process concerning their child's upbringing. This contrasts with the traditional sole or full custody arrangement, in which one parent has full physical and legal custody or decision-making rights, and the noncustodial parent has visitation periods with the child.

Definitions of joint custody vary based on a state's statutes and the decisions issued by its courts. The combination of the many possible elements make joint custody orders as unique as the families involved.

Joint Physical and Joint Legal Custody

Generally, joint physical custody means that the child will spend substantial amounts of time living with each parent - this may mean an equal split of time, or by some other interval, such as alternating months, seasons, or school semesters. Joint legal custody means that both parents share in the authority to make decisions regarding their child's upbringing and share in the responsibilities for their child. The allocation of decision-making authority and responsibilities can vary, just as with joint physical custody. It is also possible for a court to grant joint legal custody without a grant of joint physical custody - a judge may rule that having one residence is in the child's best interests.

Common Arrangements in Joint Custody Agreements

You and your ex-spouse can present a draft joint custody agreement, which may support your request to the court for joint custody, or the court may order a detailed agreement in hopes of avoiding future legal action. Possible items include:

• Physical arrangements - many variations are possible; alternating intervals, from days to a year at a time, semesters, seasons, or based on your child's school calendar
• Child support-there still may be a child support order regardless of joint custody
• Tax considerations - the allocation of the dependency exemption for income tax purposes should be addressed
• Lifestyle changes and disputes - address how lifestyle changes, such as death, remarriage, and maturity of your child, will be handled, as well as dispute resolution
• Removal of your child from the jurisdiction without court approval, or concealing your child should be a violation of the joint custody agreement

Pros and Cons of Joint Custody

Regardless of the form of joint custody, the question to be answered by you, your ex-spouse and the court is whether you and your ex-spouse can put aside your differences and cooperate in the rearing of your child. There are real advantages and disadvantages to joint custody arrangements.

Advantages of Joint Custody

• Children can benefit from joint custody because it can mean that the disruption in their lives due to the divorce will be minimized - they may be able to live in the same area, attend their existing school, and have access to both parents, often forming more realistic parental relationships than they would have in a sole custody situation. Divorce studies have shown that a joint custody arrangement may lessen the trauma children experience due to divorce, and they may experience fewer problems with low self-esteem and gender identification issues.



• As a parent, you may benefit from a joint custody arrangement through having a better relationship with your child (especially for fathers, who traditionally have not been awarded sole custody), there may be less litigation of custody issues in the future, saving you stress, time, and money, and both you and your ex-spouse may find satisfaction in your post-divorce parenting roles.

Disadvantages of Joint Custody

• Joint custody isn't perfect for everyone. You can find judges, members of the psychiatric community, and probably your peers, who know divorce both from a child's and now a parent's view, who oppose this arrangement due to the instability from living in two households, the expense in maintaining two households suitable for your child to live in, and the stress of attempting to coparent with an uncooperative spouse if joint custody was forced in some manner.

Related Resources on Lawyers.com^sm

- Types of Joint Custody Checklist
- Custodians Relocation and Modifying Child Custody
- Regaining or Changing Custody
- Child Custody articles and information
- Find a Child Custody attorney near you
- Visit our Child Custody Message Board for more help

Related Web Links

- State Specific Domestic Relations and Family Codes Websites