Joint Child Custody

Joint child custody is often required when parents cannot make their own decision on how the child is to be cared for and where the child will live after a separation or divorce occurs. Joint custody may include joint legal custody, joint physical custody, or joint legal and physical custody. Joint physical custody occurs when the child or children spend a significant amount of their time with each parent. If the parents can come to an agreement on their own, without the judge or family court official making the decision for them, their decision, as long as acceptable, will be approved in family court. In many instances, parents will share physical custody and also legal custody of the child, but it is rare for one parent to have legal custody and not physical custody as well.

Fast Facts

  • Until the late 1990's, it was believed to be acceptable for the mother to be awarded custody of the child over the farther.
  • A mere 1 percent of instances awarded the father custody of their child in the late 1990's and before.

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