Joint custody

Joint custody is a court order whereby custody of a child is awarded to both parties. Many states recognize two forms of joint custody: joint physical custody, and joint legal custody. In joint physical custody, which is also known as joint physical care, actual lodging and care of the child is shared according to a court-ordered custody schedule. In many cases, the term 'visitation' is no longer used in these circumstances. In joint legal custody, both parents share the ability to have access to educational, health, and other records, and have equal decision-making status where the welfare of the child is concerned. It is important to note that joint physical custody and joint legal custody are different aspects of custody, and determination is often made separately in many states' divorce courts. E.g., it is possible to have joint legal custody, but for one parent to have primary physical custody. Thirty-seven states and Washington, D.C. have some form of preference or presumption for joint custody, although even in those states, enforcement varies widely.

Determination of Joint Custody

Joint custody is determined by a court order and this can happen in two ways. First, parents can decide on their own how they would like to share custody by filing a Parenting plan which outlines a specific shared custody agreement between them. After review, if the court finds the custody agreement aspect of the Parenting plan to be within the guidelines of state statutes, the court may approve the plan as is or with modifications. Secondly, if there is a custody dispute and the parents cannot agree upon a custody arrangement on their own, the courts will step in and formulate a custody arrangement for them. The courts much prefer the parenting plan approach since it limits their involvement and allows the parents to make the important decisions about their family.

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