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Our team of experienced family lawyers has compiled this page to provide parents with a comprehensive overview of the important legal considerations for joint custody cases. We understand that the joint custody process can be stressful and overwhelming for parents, and our goal is to provide you with the knowledge and resources necessary to make informed decisions about your child’s future.

What is Joint Custody?

Joint custody is a legal arrangement where both parents share decision-making responsibilities for their child or children. It also involves sharing physical custody, meaning the child spends time living with both parents, although not necessarily an equal amount of time. Joint custody is often seen as a positive arrangement for families, as it allows both parents to remain involved in the child’s life after separation or divorce. 

How is joint custody different from sole custody?

Joint custody is an arrangement in which both parents share legal and physical custody of their child or children, whereas sole custody means that one parent has the primary legal and physical custody of the child or children. 

 

It’s worth noting that joint custody does not necessarily mean a 50/50 split in parenting time. Joint custody arrangements can be tailored to the specific needs of the child and the parents and can range from a 50/50 split to a more flexible arrangement where one parent has the child during the week and the other parent has the child on weekends or holidays.

What are the benefits of joint custody?

Here are just a couple of the benefits of joint custody:

 

Children benefit from a continued relationship with both parents. With joint custody, children can maintain a meaningful relationship with both parents, which can help them to feel secure and loved. This can also help to reduce feelings of abandonment and rejection.

 

Fewer legal battles. Joint custody can reduce the likelihood of legal battles between parents. This can save both time and money and can also help to reduce the emotional toll of a lengthy court battle.

What are the key elements of a successful joint custody application?

When parents are considering joint custody, it’s important to know what elements are needed to ensure a successful application. Here are some key elements to keep in mind:

Flexibility: While consistency is important, parents also need to be flexible and willing to make adjustments to the schedule or routine if needed. This is especially important as the child grows and their needs change.

Child-focused approach: Parents need to put the needs of the child first and be willing to compromise and work together to make joint custody successful.

Legal support: It’s important to have a family lawyer who can guide you through the process and help you navigate any legal issues that may arise.

Can joint custody be modified in the future?

It is possible for joint custody to be modified in the future, but it is not always easy to do so. The decision to modify joint custody will depend on the circumstances of the case and the best interests of the child involved.