In the case of shared custody, the child lives with both parents for the same period or with each parent for a longer period of time. [9] Usually, the family court issues a parenting plan that defines how much time the child will spend with each parent. [10] Children who see their parents interact positively, as required by shared custody, learn to compromise and overcome disagreements. A child is more likely to have healthy self-esteem if their parents are able to work together. Joint custody is a form of custody in which custody is given to both parents. Joint custody may refer to joint physical custody, joint custody, or both. For a shared custody agreement to work, you and your ex must be willing to compromise and cooperate. Each parent in a joint custody agreement should be able to trust that the other parent will not make unilateral decisions. Example: The mother and father agree on a schedule in which the child lives with each parent for one month (physical custody) and they agree to decide together on all important issues of the child`s well-being and upbringing (custody). After a divorce or separation, parents may have joint physical custody as well as joint custody of their children, or in general, they may have joint custody while one parent has sole physical custody, or rarely, they may have joint physical custody while one parent has sole custody. [1] [2] [3] There are also other variants of shared custody. For example, a parent may be granted the exclusive right to make decisions about the child`s upbringing, even if the child lives alternately with both parents. In this case, physical custody is shared, but decisions about the child`s upbringing (an aspect of custody) are not.
As a rule, parents are granted joint custody, which means that parents must be involved in the decision-making process concerning children and that parents have equal rights to the child`s medical and educational records. Option 3: Parents make big decisions together, and each makes smaller decisions individually if they have physical custody of the child. For example, parents decide together which school their child attends; If the child has an excursion, the parent who has custody during this period decides whether to leave. In a joint custody agreement, parents must develop the child care plan based on their home and workplace, as well as the child`s needs and the location of the child`s school. Since joint custody requires a lot of travel and communication from both parents, this type of custody works best when both parents live and work in the same territory. In the case of joint custody, both parents of a child make important decisions, such as education, medical care and religious education. In the case of joint custody, also called co-parenting or joint residence, the child spends the same or almost equal time with both parents. Joint custody is a way to give both parents a say in their child`s upbringing. It is intended for cases where both parents can make important decisions and are available. Children usually benefit when their parents really interact with each other and, ideally, show what it means to compromise and resolve disagreements in a healthy way. Over time, and as parents learn to parent together, some degree of effectiveness can be achieved when it comes to rules, consequences, meals, bedtimes, and many other parenting decisions.
You can have joint custody with sole physical custody or joint physical custody, which determines who your child lives with. Custody refers to both legal and physical custody of a child. Custody is the power to make decisions for and about a child. Option 2: Each parent makes decisions for the child if they have physical custody. For example, if a teenager asks for birth control while she is with a parent, that parent may decide to take her to a doctor. There are many ways for parents to share custody. Your court may let you decide the details, or it may use one of the following agreements (or a variation) by default. In the United States, shared custody is common, while joint physical custody is rare.
[18] According to a 2005-06 survey, about 5% of U.S. children ages 11 to 15 lived in a joint physical custody arrangement compared to sole physical custody. [11] Kentucky is the only state with a legally rebuttable presumption in favor of joint physical custody. [19] [20] Judges must consider the best interests of the child when making a custody decision. For most judges, this means (among other things) not bringing the child back to court more than necessary. Parents should not interpret a joint custody decision as an indication that the court is likely to grant joint custody as well. In divorces involving children, the custody agreement can be one of the most difficult issues. If both parents want to continue to participate in a child`s life and the court has no important reason to keep one parent out, you can assume that your custody agreement includes joint physical and legal custody. Joint custody is ideal for parents who have already shown a willingness to work together on important decisions for their child. It is also preferable that neither parent holds a grudge against the other or refuses to communicate – which unfortunately happens.
If you have sole custody of your child, you can make all decisions about issues such as education, religion, medical care and housing. With sole custody, you don`t have to consider the other parent`s wishes or opinions about your child`s upbringing. Ultimately, in joint custody cases, a parent is given final decision-making authority for periods when the parents are unable to make an amicable decision. Generally, the final decision rests with the parent who has primary physical custody. (Note: Physical custody is also shared in most cases.) In addition to domestic violence within the family, the child with special needs, relevant and special circumstances or long distances between the addresses of the parents, joint custody is considered to be in the best interests of the child. For joint custody to be refused, appropriate evidence must be presented to the court. Joint custody was introduced into Spanish law in 2005, subject to the consent of both parents. Some regions, such as Aragon and Catalonia, have subsequently passed laws as the preferred option. [17] Determining joint custody in your plan is simple. In the app, click the Parent Plan tab.
More than two dozen categories of educational regulations will appear. There are many types of custody and visits granted by the courts. They generally fall into two categories, including joint physique and single physique: In a controversial custody case, the judge already knows that parents can`t work together and compromise on a custody agreement — if they could, they wouldn`t go through a lawsuit and ask the judge to decide. To reduce the need for further hearings, the judge may order at a contentious hearing that one parent have final decision-making authority for all decisions.