joint physical custody, joint legal custody, child custody information

Does Custody Usually Go to One Parent?

Posted on July 17, 2008
Filed Under General | Leave a Comment

No. Courts frequently award at least some aspects of custody to both parents, called "joint custody. Joint custody usually takes at least one of these forms:

• joint physical custody (children spend a relatively equal amount of time with each parent)

• joint legal custody (medical, educational, religious and other decisions about the children are shared), or

• both joint legal and joint physical custody.

In every state, courts are willing to order joint legal custody, but about half the states are reluctant to order joint physical custody unless both parents agree to it and they appear to be sufficiently able to communicate and cooperate with each other. In Idaho, New Mexico and New Hampshire, courts are required to award joint custody except where the children's best interests - or a parent's health or safety - would be compromised. These 20 states expressly allow their courts to order joint custody even if one parent objects to such an arrangement: AK, AZ, CA CO, FL, IL, IN, LA, MA, MI, MN, MS, MO, MT, NE, NH, NJ, OH, OK and WI (SD and UT also possibly fit within this group.)

Share and Enjoy: