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What is Joint Physical Custody?
One of the most common inquiries from parents that are going through a divorce involves the different types of custody, namely, what joint physical custody is. Admittedly, custody arrangements can be a confusing topic, particularly when you’re navigating through an already challenging and complicated life change. For the purposes of clarifying some of this confusion, let’s take a moment to go over the differences between joint legal and joint physical custody, as well as some of the many ways choosing a joint physical custody arrangement can help both you and your children.
What Does Joint Physical Custody Mean?
In simplest of terms, joint physical custody is an arrangement in which both parents share equal rights in terms of time and contact with their children. In other words, the children’s physical place of residence is shared between both parents. For instance, the children may reside with their mother for one full week, and their father the next full week, or they may split the week to provide both parents with relatively equal parenting time. It’s important to note that this arrangement typically only works when both parents live close to one another, otherwise it may simply be too stressful for the children.
Many couples confuse joint physical custody with joint legal custody. The main difference between the two is that legal custody governs who gets to make decisions for the children, such as healthcare and education, and who is allowed to move the children out of state. Parents who are given joint legal custody share these rights and unless there is a really good reason to state otherwise, joint legal custody is the default position for children and divorce. Joint physical custody is similar in that both parents share equal rights; however, physical custody governs only where the children will stay. It’s possible to share joint legal custody but not joint physical custody. In the end, it really depends on the situation and the family dynamics.
Benefits of Joint Physical Custody
I am in favor of joint physical custody arrangements, but only when both parents are able to work together and have their children’s best interest at heart. Unfortunately, sometimes parents battle for control of their child and use joint physical custody as a way to “get their fair share” of the kids or (and I quote) “to make sure they live a normal life at least half the time!” There are a lot of benefits to these types of arrangements, such as:
How Mediation Can Help
Developing an effective parenting plan through mediation can help both parties determine which type of custody arrangement will work best for them. Whenever possible, an arrangement that allows the children to spend as much time as possible with both parents is always the best scenario. Mediation can help both parties to work together and come up with a plan that works for everyone involved and suits the unique needs of their family. When child custody is determined through mediation, both parties are more comfortable with the outcome, which ultimately benefits the children in the long run.
In New Jersey, a separation agreement is any legal document signed by both spouses outlining the terms of the separation. Subjects resolved in a separation agreement can include child support, child custody, debt allocation and asset distribution. Notarizing the document ensures its validity, since there is no such case-type in New Jersey that provides for a "legal separation." Spouses wanting child support during the separation period, however, must file a claim with the New Jersey probation department.
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"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
|The information contained on this page is not to be considered legal advice. This website is not a substitute for a lawyer and a lawyer should always be consulted in regards to any legal matters. Divorce Source, Inc. is also not a referral service and does not endorse or recommend any third party individuals, companies, and/or services. Divorce Source, Inc. has made no judgment as to the qualifications, expertise or credentials of any participating professionals. Read our Terms & Conditions.|