Joint custody vs. shared custody: Divorce is a very difficult legal issue in the United States. There are lots of terms used in divorce and legal separation when it comes to sharing parental responsibilities and rights. Such terms can be somewhat confusing and misinterpreted if you are not properly informed as regards a child’s parental responsibilities and custody after divorce. These sometimes lead to issues among separating couples.
In this article, we will be looking at joint custody vs. shared custody, knowing its true meaning and the differences between these two legal terms in child custody.
Note that this article is not a substitute for legal explanation from an experienced child custody attorney, but rather for information and educational purposes. If you are faced with this issue right now, we advise you to seek the advice of an expert after reading this article.
Joint custody vs. shared custody
Child custody arrangements are usually a very difficult issue to deal with in divorce. When both parents are determined to take custody and remain involved in their child’s life, the court has no right whatsoever to stop any of them. Hence, the custody arrangement comes into play, which usually involves two types: physical and legal custody.
In this situation, we are sure you are bound to ask about shared custody. The truth is that most people often misinterpret joint custody and shared custody without even seeking proper explanations and meanings for the two terms. If, for example, you are faced with a child custody issue in California or North Carolina, you really need to be informed of these terms and know their differences.
Physical custody vs. legal custody
There are actually two types of child custody arrangements: physical and legal custody. Here is the meaning and difference.
Physical Custody
This type of custody involves caring about a child’s physical location and who they move with or stay with for a specific time. One of the parents who has this type of child custody has the right to decide the child’s day-to-day activities and help them in their decision-making.
Legal Custody
Legal custody involves the right and duty to make long-term decisions that affect a child’s well-being. In North Carolina, statutes cannot define legal custody; hence, a judge or the parties involved in the custody arrangement define it in the favorable child’s interest. These rights can include healthcare, making decisions about the child’s education, sports, and extracurricular activities.
Joint custody vs. shared custody: The Meanings and Differences
Joint Custody
Joint custody is the same as joint legal custody. This custody arrangement is defined as shared parenting, in which both parties are equally responsible for making decisions. One of the parents is not allowed to make an important life decision for the child unless both of them agree on it. The parents make joint decisions as regards education, healthcare, and important extra activities.
In order for this custody arrangement to really work, both parents must be ready to cooperate and reach mutual agreements. Again, there must be trust in the decision-making process. None of the parents should make any choice that concerns the child without letting the other parent know.
Often times, judges do not allow joint custody in contested hearings. What they do is grant custody arrangements in the child’s best interest. For many judges, this means bringing the child to court again, especially unnecessarily.
The judge knows it might not be possible for both parents to cope; if they could possibly do so, it wouldn’t have been a matter for the judge to decide; rather, they would have reached an off-court settlement. In view of this, the judge might give an order to allow one of the parents to take charge of the child’s decision, or sometimes give an order to allow one parent to take charge of some issues while the other takes charge of others as well.
So the authority may be divided among the two parents based on the child’s interests. For a judge to reach a conclusion, certain things are weighed, compared, and contrasted to reach a final decision. In such a case of division of authority among the parents, one parent may be given more authority than the other.
Shared Custody
Shared custody is the same as joint physical custody. In this custody arrangement, both parents are allowed to spend time with their child. An opposite option is sole physical custody, which involves the child staying with one of the parents more while the other parent can only spend a little time with the child. In this case, the other parent might have to start looking for child support.
Most people often confuse joint physical custody as both parents having equal time to spend with the child, but that is not the case exactly. Since the parents have agreed to go separate ways and not live under the same roof, the child has to live with one of them while the other parent can visit the child often enough.
With the frequent arguments that often happen among divorced people in deciding where and with whom the child should live, most courts are now focused on making room for a real shared custody arrangement to have the child live with both parents equally.
For a true joint physical custody arrangement to work out, both parents need to re-organize their schedules as regards to where they live, work, their children’s needs, and their school location. Often times, it is very hard for this arrangement to work as it demands a lot of communication and travel from the two parents. It mostly works well if both parents work and live in the same geographic area.
Both legal and physical custody are different cases, as both parents share physical custody, and for legal custody, only one parent has it. When one parent has sole legal custody, the parent has the authority to make core decisions that affect the child’s life and future; these include healthcare, education, and extracurricular activities.
Useful co-parenting tips
Whether you have joint custody or shared custody, you need to play your role effectively for the good of your child. Here are some of the useful tips you may need to take note of.
Communication: regardless of the custody arrangement the court ordered, you need to keep in touch with your ex and child. Communication is a very essential tip for co-parenting to work.
Positive emotions: Don’t get so emotional with your ex, posing negative emotions and expressing grief. Your child will be happy if both parents cooperate in handling their roles as parents.
Flexibility: A good co-parent should be able to reorganize his or her schedule to be with his or her child and be there for the child when needed.
Respecting boundaries: you shouldn’t disobey court orders; respect boundaries set by the court. Saying negative things to your ex in front of your child should be avoided for your child’s mental well-being.
Seek support: Being a co-parent is not an easy thing and can mess with your mental health. Always seek support when needed from experts.
Wrapping up
Joint vs. shared custody: both of them have a lasting effect on your child’s life. Anyone you wish to go for or the court orders, you need to obey, mind your limitations, and take charge of your responsibility. Co-parenting is not an easy thing, so you need to put in the needed effort so your child does not feel the gap. Consult an attorney today for further advice on joint custody vs. shared custody.
