Shared Custody Vs Joint Custody

There are a few different ways child custody can be arranged in the event of a separation or divorce. Shared or joint custody are usually the most favorable outcomes for everyone involved. Let’s take a look at some of the key similarities and differences of shared and joint custody.

How Does Custody Work?

Anyone who is divorced or separated with kids needs to know how the custody process works. Custody refers to the legal and physical relationship between parents and children. One aspect of custody is having the power to make decisions of the child’s behalf. Another aspect of the arrangement is figuring out where the child will be living. It is very likely the court will award custody to the child’s mother following a divorce.

Modern laws put an emphasis not on the maternal presumption, but rather the child’s best interests. If a court finds the child’s best interests are served by both parents getting custody, they will divide custody. This scenario allows both parents to play a pivotal role in raising the child.

Shared Custody

When a court awards joint physical custody, the kid’s physical residence is divided between the parents in such a way that the youngster has essentially equal time and contact with both parents. When parents share joint legal custody or when one parent is given sole custody, joint physical custody may be awarded.

Shared custody, though, does not always mean a 50-50 split. Children will often live primarily with one parent, yet spend overnights at the other parent’s home. This will usually happen on weekends or during school vacations. In this type of arrangement, one parent is considered the custodial parent, with the other considered the noncustodial parent.

In 50-50 splits, children will most likely spend four nights with one parent and three nights with the other. It is possible for the parents to agree on alternating weeks, months or longer periods of time to see their children.

Shared custody may be your best option when:

• One of the parents is traveling often.
• One of the parents is financially unstable.
• One parent is incapable of properly caring for the children on their own. 

Joint Custody

Also known as joint legal custody or joint physical custody, this kind of custody necessitates the submission of a parenting plan to the judge by both parents. In most states, the custody situation is the default immediately following a divorce.

If you and your spouse work out a parenting agreement prior to or during the divorce process, you can include details on how you will communicate with each other during decisions made regarding the child’s best interest.

Unfortunately, joint custody can sometimes lead to post-divorce battles whenever parents have strong disagreements. In the worst-case scenarios, a judge could decide to award sole legal custody to one parent.

Your best option is joint custody if the following applies to your situation:

• Your child is school age or older.
• Both parents live in the same area.
• Both parents agree to work together. 

What Is The Difference Between Shared Custody And Joint Custody?

In a shared custody arrangement, the same legal parenting rights may not be shared by both parents. If shared custody is the outcome, typically one parent will be solely responsible for making decisions regarding the child’s education, healthcare and religious practices. When legal rights are shared, both parents will have a say in all matters.

With a joint custody arrangement, meanwhile, both parents are involved equally, sharing the responsibility of raising the child. For this reason, parents must agree to work together to make the best decisions possible for the child’s wellbeing.

What Happens When Both Parents Have Joint Custody?

In any case that involves shared physical custody, you’ll want to know who must pay child support. Typically, each parent will still need to pay their share of child support in joint custody situations. Joint custodies can be pretty complicated, though, and parents can be confused about who pays child support.

Obtaining a joint legal custody agreement is one of the first steps in this process. This is founded on the concept of shared parent, which means the parents have to share their roles and responsibilities equally. When both parents have agreed to joint custody, it’s then crucial to establish a child support payment plan moving forward.

The biggest hurdle is figuring out just how much each parent should pay in child support. The court will take the income of each parent into consideration when calculating the appropriate child support amounts. If they are unable to reach an agreement, the court will make the final call based on state guidelines, parenting time and parenting income.

Source: “Joint Custody And Shared Custody: What Is The Difference?” Paul H. Bowen https://paulhbowenlaw.com/joint-custody-and-shared-custody-what-is-the-difference/