Joint Custody Preferred by Most Judges

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Joint Custody Preferred by Most Judges
Some clients who come to Stange Law Firm, PC inquire about the possibility of receiving “full custody” of their children. We ask whether they are referring to “sole” legal and physical custody, as in many states, there are only two types of custody: legal and physical. Legal custody concerns who makes major decisions on behalf of the child. Physical custody deals with the location where the child resides. In both arrangements, either “joint” or “sole” custody can be awarded.
Times have changed. Judges no longer automatically award sole custody to the mother; they now consider the father’s role as well, since there is a wealth of evidence showing that children do better when their fathers are involved in their lives. That said, judges today tend to grant joint custody, whether legal and/or physical. There may be a combination of these custody arrangements, as every case is unique and has its own set of circumstances to consider.

Types of Custody

In joint legal custody, both parents participate in decision-making. If a decision cannot be made, then one parent usually has the authority to make the final decision. Sole legal custody is just the opposite, meaning only one parent has the authority to make the decisions, but still has to inform the other parent of that decision. Legal custody entails decisions regarding education, health, religion, daycare, extracurricular activities, and any other matters that have a major impact on the child’s life.
 
In sole physical custody, the custodial parent has the child the majority of the time, with visitation times designated for the non-custodial parent, which is specified in the parenting plan. Joint physical custody means that both parents share a significant amount of parenting time with the child, though it need not be 50/50. Parents who share joint physical custody designate the child’s primary residence for educational and mailing purposes. Courts presume that parents share joint legal and physical custody. This custody arrangement has gained greater momentum among judges over the last two years.

Rise in Co-Parenting

This rise in joint custody arrangements has led to the much-discussed style of parenting called “co-parenting,” in which parents from separate households develop consistent guidelines for raising their children together. Co-parenting has almost become the new norm in family law. An example of this is the well-understood and spelled-out rule in most parenting plans: parents should not argue in front of their children, as it is detrimental to their emotional well-being. Judges consider factors like this —how well each parent relates to the other and to the child — when determining the “best interests of the child.”

Child custody is one of the most important issues in family law. If you have any questions or concerns, it is well worth the time and effort to hire a child custody attorney, particularly one who handles family law. After all, your children are your most important asset and deserve the best from you.

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