Examples of joint custody include: In many states, it is the default option, or at least preferred to sole custody. In these States, sole custody is granted if joint custody is not in the best interests of the child. DETERMINING THE BEST INTERESTS OF THE CHILD: It is always preferable for parents to be able to agree on custody. However, if the parents cannot agree on custody, the court must decide on custody and parental leave by considering the “best interests of the child”. 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. Parents should have an exclusive custody agreement if: The court system offers parents a number of options for custody proceedings. However, everyone has different rules and rights. The critical nature of court-ordered custody means that it is in the best interests of the child that both parents consult with lawyers to reach an agreement appropriate to the current situation. Our experienced lawyers at Wall & Wall Legal Solutions can help you every step of the way. You can have joint custody with sole physical custody or joint physical custody, which determines who your child lives with. In a true joint custody situation, the court grants both parents physical and legal custody of a child. Joint custody can ensure that the child is with each parent fifty percent of the time, but often an equal distribution of custody is not practical because of the parents` professional or personal obligations and the importance of structure in the lives of school-aged children.
Therefore, a court may order any division of custody that is in the best interests of the child. When parents have joint custody, they each have the right to participate in important decisions that affect the child, such as where the child goes to school, which doctor treats the child, or whether the child belongs to a particular religion. When joint custody is ordered, parents usually need to coordinate before deciding on an action plan or making an important decision about the child. In some cases, a court may grant joint custody in general, but grant sole custody to one parent if it is a specific issue, such as where a child can go to school. As in all custody cases, a custody agreement or order can be changed on application, unless a parent`s parental rights have been revoked voluntarily or by court order, if the court finds a legitimate reason to do so. In general, the court considers whether the circumstances of the situation have changed significantly and therefore requires a change in the best interests of the child. Therefore, a joint or sole custody situation may not be permanent. In some cases, a court may grant a combination of joint and sole custody, where one parent has sole custody of a child but both parents have joint custody, or the court may order the opposite and grant sole custody to one parent but allow both parents to have physical custody.
The court assesses each case based on its unique circumstances and weighs various factors in deciding whether joint or sole physical and legal custody should be granted. As in all custody cases, the main concern of the courts is what is in the best interests of the child. By law, sole custody means that a child lives with the custodial parent most of the time, specifically, 255 nights or more per year. Non-custodial parents are still entitled to standard visits, usually about 86 overnight visits, which are divided in different ways, such as: flight JM, Carson NJ, Cook BL, Wyshak G, Hauser BB. Predictors of custody and visiting decisions at a family court clinic. J Am Acad Psychiatry Act. 2013;41(2):206-18. Physical custody gives the parent the right and duty to care for the child on a daily basis. Physical custody allows the parent to have the right for the child to live with him. A sole custody agreement does not automatically exclude the other parent from visiting their child.
For example, Jen and Vince divorce and decide that Vince will stay in the family home with the children, while Jen moves into an apartment. Although Vince has sole custody, Jen has dinner with the kids on Fridays and every three weekends. Joint custody gives both parents a decision-making role. No parent can make an important decision for that child without the consent of the other. For example, both parents must decide: PHYSICAL RIGHTS: Physical custody determines where children live and what their housing conditions are.