Know The Difference Between Joint And Shared Custody

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Know The Difference Between Joint And Shared Custody

20 December 2016
 Categories: Law, Blog


When it comes time to make decisions about who will have custody of a minor child, there are several terms used to describe the two main types of custody that can be confusing. Shared custody and joint custody may sound like the same thing, but they actually describe two very different custody concepts. Here is more about each type so that you can make an educated decision and create a child custody arrangement that is best for you and your child.

Shared Custody

This form of custody is also refereed to as "50/50 parenting", and, as this term suggests, the amount of time each parent is ordered to spend with the child is equal. This form of custody will only work for parents who live near each other, since the time the child spends will be divided equally. The exact time division can vary considerably, so a careful evaluation of what might work best for your situation is vital. For example, the time can be divided by school days, weeks, or weekends.

The amount of time should roughly correspond with an equal amount for each parent. All day-to-day decisions about the child are made jointly, so the parents must be able to work together well enough to deal with each other on a daily basis, if need be. This type of custody can result in a chaotic situation if good organizational skills are not employed to ensure that all parties are on the same page with the child's schedule of school, sports, social obligation, religious observances and more. The major benefit of shared custody is the ability of the child to spend as much time with one parent as the other.

Joint Custody

While this term may make it seem similar to shared custody, it is actually a misnomer. The word "joint" in this term refers more to parenting decisions than the actual living arrangements. Joint custody requires that one parent is named the physical custodian of the minor child and the child will reside with that parent for the vast majority of time. While the non-custodial parent continues to take part in the child's life, that participation is limited to visitation and support in important decisions. This type of custody can be better for younger children and babies, who may not deal well with the chaos of 50/50 parenting. Visitation schedules are normally worked out in advance and strict adherence is required.

It's important to make a well-thought out custody decision, taking the best interest of the child into account. Speak to your divorce attorney for more information about these two custody types.