What is joint custody?

Joint custody--sometimes referred to as shared custody or shared parenting--has two parts: joint legal custody and joint physical custody. A joint custody order can have one or both parts.

What is joint legal custody?

Joint legal custody means that both parents share in major decisions affecting the child. The custody order may describe the issues on which the parents must share decisions. The most common issues are school, health care, and religious training. Other issues on which the parents may make joint decisions include extracurricular activities, summer camp, age for dating or driving, and methods of discipline. Many joint custody orders specify procedures parents should follow in the event they cannot agree on an issue. The most common procedure is for the parents to consult a mediator.

What is joint physical custody?

Joint physical custody refers to the time the child spends with each parent. The amount of time is flexible. It does not have to be fifty-fifty. The length of time could be relatively moderate, such as every other weekend with one parent; or the amount of time could be equally divided between the parents. Parents who opt for equal time-sharing have come up with many alternatives: alternate two-day periods; equal division of the week; alternate weeks; alternate months; alternate four-month periods; and alternate six-month periods. If the child is attending school and spends a substantial amount of time with both parents, it usually is best for the child if the parents live relatively close to each other. A few parents, on an interim basis, have kept the child in a single home while the parents rotate staying in the home with the child.

Are courts required to order joint custody if a parent asks for it?

No. In most states, joint custody is an option. Courts may order joint custody or sole custody according to what the judge thinks is in the best interest of the child. In eleven states, legislatures have declared a general preference for joint custody. That usually means the courts are supposed to order joint custody if a parent asks for it, unless there is a good reason for not ordering joint custody. The most common reason for not ordering joint custody is the parents' inability to cooperate. Courts are concerned that a child will be caught in the middle of a tug-of-war if joint custody is ordered for parents who do not cooperate with each other. Parents who do not cooperate also will have trouble with sole custody and visitation, but the frequency of conflicts may be less. If a parent is opposing joint custody because the parent (without good reason) is trying to undermine the child's relationship with the other parent, that could be a factor in granting custody to the other parent.