A parent with physical custody spends the majority of the time with the child. A judge can order parents to share physical custody, called, "joint physical custody". In a joint physical custody arrangement parents will both spend substantial, but not necessarily equal, time with their kids. For example, under a joint custody arrangement one parent may have the kids 4 nights per week, while the other parent has the kids 3 nights each week.
Sometimes a child isn't safe in one parent's care. In these cases, a judge will award one parent sole physical custody and the other parent will receive regular visitation. A parent with legal custody can decide where a child should go to school, what religion the child should follow, and whether a child should receive certain medical treatments. In many cases, parents will share legal custody unless it wouldn't be in the child's best interests. Other times, a judge will award one parent sole legal custody.
This means only one parent can decide how the child should be raised and where the child should attend school. Yet both parents have a right to a child's medical or school records, regardless of whether that parent has physical or legal custody.
Many parents wonder, "is shared custody good for the child? However, under certain circumstances a joint custody arrangement wouldn't serve a child's best interests. For example, a judge probably won't award joint physical custody to parents who relocate hundreds of miles apart and who can't get along. Also, a judge is unlikely to give joint legal custody to a parent with a history of domestic violence.
Your family's unique circumstance will determine whether joint custody is appropriate in your case. Shared parenting time refers to situations where a child spends at least 40 percent of the time with each parent. This term is normally used in the child support context. Shared parenting time was formerly referred to as shared custody. Split parenting time refers to situations involving more than one child where each parent has the majority of parenting time—over 60 percent—with at least one of the children.
Split parenting time was formerly referred to as split custody. Majority of parenting time refers to situations where a child spends more than 60 percent of the time with one parent. Majority of parenting time was formerly referred to as sole custody.
Custody is a legal term previously used in the Divorce Act that is still used in some provinces and territories. It sometimes refers to the authority that one or both parents have to make significant decisions about their child. It is also sometimes used to describe both the parenting time schedule and how decisions about the child will be made.
There are different types of custody, including sole custody and joint custody. Sole custody means that one parent makes the major decisions about issues such as the child's education, religion and health care. Generally, the child would live primarily with this parent. This parent would now have sole decision-making responsibility and the majority of parenting time.
Joint custody under the Divorce Act means that both parents make major decisions about the child together. Parents can have joint custody even when the child primarily lives with one of them. Parents with joint custody now have joint decision-making responsibility as well as parenting time. Access is a legal term previously used in the Divorce Act to refer to the time a parent or other person spends with a child, usually not the parent with whom the child primarily lives. In many cases, parenting issues are decided under provincial or territorial legislation.
This will happen for example, where parents are separating but not divorcing or were never married. Depending on the province or territory, terminology such as "guardianship," "custody," "access" or "parental authority" may be used.
Another key part of your parenting arrangement is when the children will be with each parent. You can set your parenting time out in a schedule. The parenting time schedule should be as clear as possible about the time that the children will generally spend with each parent. It can also include holidays and special occasions such as birthdays, Mother's Day and Father's Day, and religious and statutory holidays. It's important to be practical and realistic when agreeing to a schedule for parenting time.
You and the other parent may want to think about your individual schedules, like your work and other commitments. You should also think about what kind of transportation you will need to spend time with the children. For example, if one parent doesn't have a car, you'll have to think about things like the availability of public transportation, particularly if you and the other parent don't live near each other. Transitions between parents can be easier for children if they take place at a natural point in their schedule.
For example, one parent can drop the children off at daycare, school or swimming lessons, and the other parent can pick them up. The focus should be on what's best for your children, not on what's most convenient for you. You and the other parent should take into account the children's activities and social commitments.
It's generally best for children if they have an ongoing and meaningful relationship with both parents and they know that each parent supports the relationship with the other parent. However, each family is unique and there is no magic formula that determines the best schedule. Children's needs change at different ages.
For example, from a developmental perspective, a schedule that works well for a teenager will likely not be appropriate for an infant or toddler. It should be stressed that although joint custody is currently not commonly adopted at present in the UK, it is an option that should be brought up within mediation sessions and discussed as a potential custody solution.
Numerous organisations are actively trying to increase the prominence of this type of custody in the UK and see it granted more visibility. It is also becoming increasingly common to grant children the opportunity to say where they would like to spend their time, as opposed to having to make a definitive decision and choose between their parents.
Find out how much child maintenance you or your ex partner need to pay using our innovative child maintenance calculator. The list of factors fall into four categories: 1. Status concerns referring to the personality or behavioural traits of each party; and 4. The preference of the child. Shared Custody Shared custody is also known as joint custody, shared residency or shared parenting.
The arrangement can be stressful to a child, however. However, each term refers to a separate type of custody. Part of the reason for the confusion is because some states will also use them interchangeably. As such, it is important for you to keep in mind that they are actually two different forms of custody arrangements. On the other hand, shared custody focuses on how much contact the child has with each parent.
If these definitions still sound fairly similar to you, that is because shared custody is a very specific subtype of joint custody. Therefore, in order to remember the difference between the two, the main thing to remember is that joint custody is more concerned with making legal decisions for the child, whereas shared custody is about how much time the parents get to spend with their child.
As discussed above, joint custody gives both parents the opportunity to spend time with and to help raise their child. Oftentimes, it can be difficult to decide on custody arrangements since each parent usually wants their child to live with them, but they cannot due to a divorce or separation. Joint custody provides a solution to this issue by allowing the parents to split decision-making rights i.
Additionally, joint custody affords the parties certain parental rights. However, the types of parental rights that each parent is granted will depend on how joint custody is awarded. For example, if the parents agree to have joint legal and physical custody, and the court approves their decision, then their parental rights will be evenly distributed.
In contrast, this will not be the case if only one parent has full physical custody, but they maintain equal joint legal custody. The following list provides some examples of parental rights in accordance with each category of joint custody , which includes:. Again, parents who are awarded both legal and physical joint custody will be able to exercise all of the above rights unless a change in circumstances occurs.
Much like its name, shared custody allows both parents to share physical custody of their child; either equally or almost equally. Although the parents may also decide to share legal custody as well, this is not the primary goal of shared custody. Similar to joint custody, the type of parental rights that shared custody provides the parties will depend on the circumstances and the specific laws of each state.
The main takeaway here is that both parents will have a right to live with and have contact with their child. As for the rights afforded to parents who have legal custody, they are the same as the ones that were discussed under the joint custody section above.
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