Does joint custody mean six months with Dad and six months with Mom?
No. There is a difference between joint legal custody and joint physical custody. Joint legal custody involves sharing decision-making with respect to children's upbringing. Joint physical custody has to do with how you share time with the children.
A "Joint Child Custody Plan" describes what will be handled routinely by each parent, and what should be handled by the parents together. Routine matters are handled by a parent exercising physical custody at the time. Extraordinary matters are either assigned to one party or require consultation between parents and consensus decision making.
Parents can have joint legal custody without having joint physical custody, which presumes approximately equal time-sharing between parents and children. The time-sharing (or visitation) in a joint child custody plan may be a standard schedule from the court's advisory guidelines. It may include extended or approximately equal time-sharing. The child will likely still have a primary residence.
Courts have imposed joint custody upon a parent who did not request it. In such cases, the court should find a "likelihood" of parental cooperation. Both parents should provide good home environments. Joint custody should not disrupt other aspects of the children’s lives, such as schooling.
Can I modify or terminate a joint child custody plan?
Yes, if the parties or the court determine the plan is no longer working in the best interests of the children. Oklahoma law is unclear as to whether there must be a change in circumstances since the entry of a joint child custody plan to justify changing or ending it. The law is also unclear as to whether simply deciding that you aren't getting along as hoped justifies termination of a joint child custody plan. Decisions will vary from judge to judge. When a court terminates a joint child custody plan, custody will be determined as though there has been no prior custody determination.
If the parties to a joint child custody plan are in disagreement over the terms of the plan, they must first attempt out-of-court dispute resolution before a judge will hear the case.
