How Does Joint Custody Work?

Joint Custody

There are two types of joint custody, physical custody and joint legal custody. In both cases parents agree to share any decisions involved with raising the children. This arrangement can work if both parents have their child's best interest at heart. However, it does have drawbacks. For example, if a child requires a medical procedure, under each type of joint custody both parents must agree or the hospital can't perform the procedure. If one parent withholds consent, the child may suffer.

Joint Physical Custody

In joint physical custody both parents must get along well enough to create a parenting plan that allows both parents to have their children an equal amount of time. One parent could have the children Monday through Thursday and the other parent Friday through Sunday. There are other types of arrangements that could be made such as the children spend the first two weeks of the month with the mother and the last two weeks with the father. It is best if the parents work out a parenting plan, but if they cannot come to an agreement the court will set up the parenting plan.

Joint Legal Custody

Joint legal custody means that both parents share the decision making, but that one parent retains physical custody of the children. This is the most common form of joint custody. One parent has the children most of the time if not all of the time, while the other parent may have visitations or sometimes an overnight visit. Even though one parent has the physical custody of the children, he or she must still share all information pertaining to the life of the children. Any time a decision must be made both parents must communicate and come to a conclusion.

Court

If the original ruling of joint custody doesn't work out as planned, the parties can file a motion and return to court. The court order may just need to be made more specific or an order of sole custody might be in order. It is best if the parents can meet with a mediator and come to an agreement, but as long as the children are under 18 any order can be modified or changed by a judge if the parents go to court.

Child Support

Joint Physical Custody: Child support may or may not be ordered when joint custody is granted. If a child is going to reside with both parents equally, no support is necessary because both parents are caring for the child's needs an equal amount of time. Joint Legal Custody: If, however, a child lives with one parent most of the time, then child support is warranted from the non-custodial parent. Child support can be an order drafted up by both parents and submitted to a judge for approval or a judge can make the decision if the parents do not agree.