Are you a lawyer or mother considering joint physical custody for your family? Joint physical custody involves two parents having the equal legal right and responsibility to make decisions about their children’s upbringing. Sharing this parenting level has advantages, such as improved relationships with both parents and disadvantages, including potential scheduling disruption due to conflicting household commitments. In this blog post, we’re tackling all things about joint physical custody: what is defined by law, who can benefit from it, and common challenges that arise when engaging in this type of child-raising style. Read on to learn more!
What is Joint Physical Custody?
Joint physical custody is a type of legal joint parenting arrangement in which both the father and mother have joint responsibility for making decisions about their children’s upbringing. This can include matters such as education, medical care, extracurricular activities, and religious practices.
In joint physical custody arrangements, both parents will share parenting duties and take turns living with their children, usually on a rotating basis.
What is Joint Physical Custody California?
As defined by California Family Code Section 3002, joint custody encompasses both joint physical custody and joint legal custody. Under this arrangement, both you and the other parent have an equal say in making important decisions regarding your child’s health, education, and welfare. Furthermore, your child will reside with both parents, but the time may not be divided equally. This is because it can be challenging to split time exactly evenly when there are other commitments, such as school and work, that need to be taken into consideration.
Joint Physical Custody vs Legal Custody: What is The Difference?
In joint custody, there are two kinds: legal and physical. However, joint physical custody and joint legal custody are not the same. Joint legal custody is a situation in which both parents have joint decision-making authority over their children’s upbringing, but joint physical custody means that both parents share parenting duties while living with their children on a rotating basis.
When Joint Physical Custody Is Effective?
Joint physical custody works well when:
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Parents agree that it is in their child’s best interests.
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Parents can make decisions together and cooperate relatively effectively.
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Parents live somewhat near together, thus a shared arrangement is logistically feasible.
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Both parents desire to be heavily involved in their children’s upbringing.
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There have been no reports of child abuse, domestic violence, or kidnapping.
Almost any parental time schedule can be accommodated by joint physical custody. If your child needs to live with one parent exclusively, you can give the other parent additional time via midweek visits, prolonged weekends, longer holiday breaks, and school break visits. The other parent can also communicate with the child by phone, email, texting, visiting the child’s events and activities, and so on.
Children often do better when both parents are actively involved in their lives. It will benefit your child if you and the other parent can make joint physical custody work.
The 2-2-3 plan and 2-2-5 plan are the most prevalent joint custody agreements. Both entail spending alternating days with either parent. The alternating week arrangement, in which the child spends one week with one parent and the next with the other, is also widespread.
Pros of Joint Physical Custody
One of the primary advantages of joint physical custody is that a child grows up with the influence of both parents. In joint legal custody, parents make mutual decisions for their child’s life and play an important role in the child’s upbringing.
A child provides common ground for some divorced parents. Joint custody arrangements can assist parents in learning to co-parent and reducing conflict in their relationship. A joint custody arrangement also relieves one parent of the strain. Both parents have less stress and responsibility when they share custody. Raising a child and making crucial decisions on one’s own is difficult; dual custody distributes the burden.
What Are the Advantages of Joint Custody?
Cons of Joint Physical Custody?
Some parents wonder, “Is joint physical custody beneficial to the child?” One of the most significant drawbacks of joint custody is how difficult it is for children to transfer from one parent’s home to the other. Some children struggle to adjust to the back-and-forth of shared custody. It might be especially difficult for small children who seek consistency.
Joint child custody is not appropriate for every divorced marriage. For some couples, joint custody adds to the number of concerns that parents must contend with. Unfortunately, with joint child custody, a kid’s needs might frequently go neglected. Joint custody entails joint responsibility, and parents who collaborate can weigh the benefits and drawbacks of a 50/50 parenting agreement.
Common Challenges With Joint Physical Custody
One of the biggest challenges that joint physical custody arrangements present is the potential for disruption in scheduling due to conflicting commitments between households. It can also be difficult to maintain a strong relationship with both parents when children are living in two different homes. Additionally, joint physical custody presents logistical difficulties such as transportation from one home to another and ensuring that all of the child’s needs are met in both households.
Do the Courts Prefer Joint Physical Custody Arrangements?
“Is joint custody good for the child?” many parents question. Most judges prefer joint custody arrangements because they allow both parents to be involved in their child’s life and education.
However, in some cases, a joint custody arrangement is not in the best interests of the kid. A judge, for example, is unlikely to grant shared physical custody to parents who live hundreds of miles apart and cannot get along.
A judge is also unlikely to grant a parent with a history of domestic abuse joint legal custody. The circumstances of your family will determine if shared custody is appropriate in your case.
Conclusion
Though joint physical custody has its advantages, it also has disadvantages that should be considered before making a decision. One advantage is that both parents have an opportunity to play an active role in their child’s life and can provide support when needed. However, a disadvantage is that this type of arrangement can often be disruptive to the child’s schooling and social life. It is important to take all factors into consideration before finalizing a custody agreement. Let’s join hands in condemning moral acts like choosing between one parent or the other and work together towards solutions that minimize the negative effects on children caught in these situations.
FAQs of Joint Physical Custody
What does joint physical custody mean in California?
Joint legal custody means that both parents are equally responsible for and entitled to participate in major child-related decisions. One parent alone has the authority and obligation of sole legal custody.
What is the most common joint custody arrangement?
The 2-2-3 plan and the 2-2-5 plan are the two most popular shared custody agreements. Both require alternating days with one of the parents. The alternating week arrangement, in which the child spends one week with one parent and the following week with the other, is also popular.
How far can a parent move with joint custody in California?
In general, you are allowed to relocate with the kids as long as it doesn’t affect your present custody agreement. This is typically restricted to travel distances of 50 miles or fewer for courts. (However, depending on the circumstances, even a move 30 miles away could be troublesome.)
Can a father get 50-50 custody in California?
Conclusion. The goal of California’s child custody legislation is to protect the child’s best interests while fostering a positive relationship with both parents. Although there is no explicit 50/50 custody presumption in California, the state supports shared custody arrangements.
