Determining whether you will share joint custody can make the unpleasant experience of divorce even more complicated. While you will like receive all sorts of well-meaning custody advice, you may want to consider a joint custody arrangement. There are two general types of joint child custody arrangements: joint physical custody and joint legal custody. Understanding how the two interact can help you arrive at a joint custody arrangement that is in the best interest of your child or children.
Joint Physical Custody
Joint physical custody means that your child will spend a substantial and generally equal amount of time living with each parent. This means that the parents intend a somewhat equal time split with the child. It may mean that the child spends a certain amounts of overnights with one parent each week then switches to the other parent. It may also mean that the parents alternate weeks, months, seasons or school semesters. There are many ways to structure joint child custody. Any custody advice you receive, however, from well-meaning friends and family or from your attorney should include the best interest of your child. If you decide to attempt joint physical custody, you should find a schedule that works for you and your child.
Joint Legal Custody
Another type of joint child custody is joint legal custody. This sort of joint custody arrangement means that both parents share the authority to make the decisions that affect raising their child and share the responsibilities. These decisions include academic, medical and religious decisions as well as decisions regarding extracurricular activities. A court may not grant joint physical custody as most courts recognize a child's need for consistency and may recommend a single residence. However, even if a court does not grant joint physical custody, it may still grant joint legal custody, recognizing that it is important for each parent to have input in rearing the child.
There are a number of advantages to seeking a joint child custody arrangement. Children benefit when both parents set aside their differences to focus on raising them. A joint child custody arrangement may lessen the disruptive influence of a divorce in a child's life. It's also possible that you might benefit from a joint custody arrangement in that it allows you to remain actively involved in your child's life and may lead to less litigation and custody battles down the road.
Joint custody, however, isn't for everyone. Judges tend to disfavor joint custody, thinking it's too unstable for children. It also may be impossible for divorced parents to cooperate in raising their child. In these situations, joint custody may not be the right custody arrangement.
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