Judges everywhere agree on one thing--they all prefer that divorcing couples agree on custody, property division, and other divorce issues without asking the court to intervene. If you and your spouse agree on your divorce issues, including custody, you can prepare a marital settlement agreement (or have your attorney do so) and ask the judge to approve it. If it's reasonable, the judge will certainly give it the seal of approval and turn it into an order and become part of you divorce decree.
For many couples, though, resolving divorce issues isn't easy, and child custody can be a sticking point for many people. When divorcing couples go to court for a custody decision from a judge, one of the issues the judge will decide is whether joint custody is in the best interests of the child.
Types of Joint Custody
Joint custody means custody that's shared between the parents, as opposed to being ordered to one parent alone, which is called sole custody. There are two types of joint custody:
- Joint Legal Custody
- Joint Physical Custody
Joint legal custody gives both parents the legal right to make decisions about the child's upbringing and allows them both complete access to all of the child’s school, medical, and other records. It also requires that each parent inform the other before obtaining non-emergency medical treatment or making other decisions on a day-to-day basis. Joint physical custody means each parent has the legal right to have the child reside with them, on a schedule that's worked out by the parents or decided by the court.
The Children’s Welfare
Statistics show that joint custody has a more positive outcome for children than sole custody with the non-custodial parent having limited parenting time. In many states, courts have a stated preference for ordering joint custody wherever it seems reasonable. If the parents seem to be capable of making decisions together, the court will usually award joint legal custody. However, if the parents are unable to agree on important decisions about the child and it looks like every decision will lead to a battle, the court won't award joint custody--it's never in a child's best interest to have parents who are quarreling constantly.
The court will usually order joint physical custody if both parents want to spend significant time with the child and if it's logistically feasible. In other words, the parents need to live close enough together for the child to easily move between houses, and for the parents to be able to efficiently transport the child to school and other activities. Also, as in the case of legal custody, the parents have to get along at least well enough to make exchange times relatively peaceful. If the parents are going to fight every time the child goes from one place to the other, the court will probably limit one parent's parenting time in order to reduce the number of exchanges and the opportunities for conflict.
In short, judges will always look at what's best for the children, and joint custody is only in a child's best interests if it supports the child's welfare and the child's relationships with each parent.
Seek Legal Advice
If you are involved in a custody dispute, you should seek the advice of a family law attorney.
