The Definition of Joint Legal Custody
According to the Texas Family Code, "joint managing conservators" of a child means that the parents are both responsible for the rights and duties to the child. A "joint legal conservatorship" is essentially describing "joint managing conservatorship". In a typical joint legal custody situation, both parents have the primary right and duty to make "joint decisions for child". The actual degrees of input both parents have to these joint decisions can vary widely between orders. In practice, having the primary right and duty "to make joint decisions" means that parents have frequent conversations about matters affecting the child. When a decision about future events for the child is to be made, both parents confer and then come to a mutual decision or at least make an effort to agree to something together before acting individually. The level of involvement each parent has, again, can vary between orders.
Courts in Texas have held that this basic right and duty of both parents to confer and make a mutual decision together does not apply to emergency situations. Emergency medical situations and most other emergencies are going to be decided by one parent acting alone with the understanding that the other parent will be notified as soon as possible and informational updates will be promptly communicated and sent. Most of the mutually agreed upon decisions under a joint legal custody arrangement are for long term planning , where the emergency exception is a self evident event.
Examples of issues that are typically joint legal custody decisions would be; signing school permission slips for events during the school year, decision making over what doctor to use for routine checkups, special sports camps, and after school activities, which city the child will attend high school, where the child will attend college, and the matter of church attendance.
Ultimately Texas law recognizes that deciding custody issues is not an issue of black and white in which the court can or should simply order that Father gets everything on the list and Mother gets nothing on the list. All of these issues need to be considered and made based on reasonableness and fairness. All parents face different challenges at different times and when they start facing them together, they must be prepared to compromise, something that is rare in family law, but needed.
The Explanation of Joint Physical Custody
Joint physical custody also applies to the living arrangements of the children. Just like is possible under joint legal custody, the arrangement may be agreed between the parents. If it cannot be agreed upon, the court will make a decision that is in the best interest of the children. How the physical custody is handled is outlined in a parenting plan. There are different types of arrangements that may be possible with joint physical custody. The plan may either involve equal time sharing for both parents or a slightly split arrangement where one parent has the children during the school year and the other parent has the children during the summer. In many cases, so long as the parents are able to get along, children may spend an equal amount of time with each parent. The equal time sharing arrangement involves the children alternating time between the two homes on a weekly basis. This may be from Sunday to Sunday or may be split Monday to Monday. Again, the arrangement is one that is agreed upon by the parents before heading before the court, such as at a mediation conference. Other arrangements may be possible. When the parents live further apart from each other, they may not be able to enjoy this arrangement. They could decide instead that the children will spend a week with each parent on alternating weeks. In this case, Sunday to Sunday arrangement may not be the best. Instead, the parents may come to an agreement to have week-long periods, even if that is not precisely equal time-sharing. For example, the arrangement may be Sunday to Saturday on the first week, and then Saturday to Friday on the second week.
The Distinctions Between Joint Legal Custody and Joint Physical Custody
The terms joint legal and physical custody typically refer to the two forms of custody — legal and physical — that parents can gain when involved in a custody battle. Joint custody can be broken down into both joint legal custody and joint physical custody. It’s important to differentiate between these types of custody, as each form has its own unique implications for families and youth.
Joint legal custody is separate from any sort of physical custody. With joint legal custody, both parents have a say in how the child is raised. Parents have equal legal rights in terms of making decisions affecting their child’s welfare. This includes routine tasks such as what type of education the child gets, what type of medical treatment he or she receives, where the child lives when not with one of the parents, and discipline for bad behavior. The court makes the final decision about whether to award joint legal custody. However, the decision should be based on what’s in the best interests of the child. The best interests of the child are evaluated on a case-by-case basis, taking into account the individual needs for the child, stability for the child and the ability of the parents to continue caring for the child moving forward. If parents share joint legal custody, they might even be able to work out an agreement regarding decision-making for their child during the divorce proceedings. A court could approve this arrangement and enforce the agreement.
Physical custody refers to the actual possession of the child. With joint physical custody, the child will spend equal amounts of time with both parents. In most cases, this means that the child will spend approximately half of his or her time with each of the parents. However, need and convenience are taken into consideration when deciding how much time each parent will have with the child. Joint physical custody can sometimes be harmful to the child, particularly if the parents are constantly fighting over the child. For example, if the parents live far apart from one another and cannot agree on where the child should go to school and who pays for his or her expenses, the arrangement is likely to be detrimental. Courts consider several factors when deciding whether to award joint physical custody. Some of these factors include the age of the child, each parent’s ability to raise the child in a healthy home environment, the ability for parents to make co-parenting arrangements and the nature of the relationship between both parents and the child. Courts typically utilize logbooks and other records to understand the relationship and the events that have occurred through the relationship.
The Advantages of Joint Custody Arrangements
Joint custody arrangements can offer a multitude of advantages for the children, the parents, and the family unit as a whole. When a court awards joint custody, the intent is to ensure that both parents remain substantially involved with the lives of their children on an ongoing basis. This is a primary factor that the court will weigh when determining the best interests of the child.
Research indicates that in most cases where children are raised in a dual parent home or post-divorce where a joint custody arrangement exists, the children fare better economically, socially, and psychologically. Situations resulting in single-family homes or families with a primary caregiver have been shown to result in negative emotional and financial consequences for the children. Additionally, studies show that when children spend a consistent amount of time with both parents, it helps foster a healthier relationship with each parent, and minimizes conflict between parents.
From the parents’ perspective, even though they may have to co-parent under circumstances that they do not agree with, they will have a more equal role in the life choices and decisions made for their children. A joint custody arrangement may also very well lead to less tension and conflict between parent and child. Instead of feeling pulled in two different directions or hated by their children due to the parents’ behavior, children tend to feel empowered when they are given a fair amount of time with both parents and are encouraged to keep strong relationships with each parent.
Joint custody arrangements that result in spending equal or near-equal time with both parents can also lead to a reduction in the financial costs required to raise and the expenses associated with raising the children. In cases in which parenting costs can be divided nearly evenly, there is less of a financial burden on each parent.
The Disadvantages of Joint Legal and Physical Custody
Despite the advantages that joint legal and even joint physical custody may have in child custody matters, there can also be substantial challenges that arise from such an arrangement. In the absence of these hurdles, the parental conflict that can arise in joint custody situations can be very detrimental to the children. One of the most common challenges is the inability of one or both parents to put their differences with one another aside for the sake of the children. Some parents cannot cope with another parent’s relationship with a new partner while others are affected by jealousy. Even other parents have difficulty even being in each other’s presence without a significant amount of tension or animosity. When the level of tension is sufficiently high, it can have a negative impact on the children from these parents. Another critical factor in joint legal custody is the ability of both parents to place the needs of the children over their own desires, animosities and conflicts. All parents must be able to work collaboratively with the other in the best interests of the children. This requires compromise and willingness to place the children’s best interests above their own. If parents are not able to do these things or are failing to do so, it is important that access to legal representation be utilized so that the parenting plan can be modified to reflect only the needs of the children and that legal , physical custody or joint custody will be eliminated if needed. In joint legal custody cases, parents are typically prohibited from moving outside of a set distance without the prior approval of the other parent. This can create tension especially in circumstances where one parent wishes to move substantially more far from the other. Many parents move all of the time and this type of move can have a significant emotional impact on children. Chronic tardiness and scheduling confusions are also common issues that can arise when parents share legal and physical custody at a 50-50 split. Sometimes, this is the result of simple carelessness from one or both parents, but other times it is the result of the kids’ deliberate attempt to manipulate the situation. It is crucial to have clear and consistent scheduling so that this situation does not arise. Children should be given sufficient advance notice beforehand as to why the parents are possibly modifying the schedule in order to avoid stress or anxiety. Children who feel undue stress from a divorce or custody decision can be adversely affected as they can experience anxiety and other conditions, such as depression. The best way to avoid this unnecessary stress is to develop a parenting plan that will ensure that the children are placed in the least stressful situation possible.
Legal Aspects of Joint Custody
Before you can share joint custody of your child with your ex or another parent, you have to understand the legal process of both gaining and maintaining custody. In the state of Florida, the typical process begins with a couple filing for divorce. Many assume that a divorce is not necessary unless the couple owns property, and while this is true, a marriage license is nonetheless required to initiate such a process. Once the couple files for divorce, they are assigned a case number and the documents are established with the Clerk of the Court.
The next step generally involves an initial lawsuit hearing that covers all aspects of a couple’s life, including issues surrounding spousal support, child support, distribution of assets and a residential schedule for children. Once the lawsuit hearing is complete, if an agreement is reached and the judge approves, a formal parenting plan is developed. This must be approved by the judge before it is entered into the court records. Another hearing is then scheduled to take place within 90 days, during which time the parents agree to a temporary plan under which they both operate until the final order is entered. The final hearing to enter a permanent plan generally takes place within 90 days of the temporary agreement. Once in place, the final plan remains in effect until the child reaches the age of majority, except in the case of accreditation issues, in which case it may be extended up to two years in some cases.
Depending on the decision made by the courts, both natural parents and sometimes a third party gain joint legal and physical custody of the child. The parties agree to the custody and visitation arrangement. A 50-50 split is ideal, but this isn’t always possible in some situations. When both parents share joint physical custody, the child has the right to live with both of them equally. From the joint custody perspective, the division of time and access is equitable. Judges generally award joint custody if they feel doing so is in the child’s best interests. To decide what’s best for the child, a family law judge factors in the following:
In the event that one of the child’s parents is not the biological parent, jointly operated agency or stepparent relationships often are established through adoption. If you plan to adopt a child and give yourself joint custody, you need to have a good adoption attorney working with you. He or she can answer your questions and ensure that the process unfolds with few hiccups.
As with other types of custody, joint custody arrangements in determination of support obligations of the custodial and non-custodial parent as well as the child. In other words, each parent may be required to pay some type of support or alimony and/or medical expenses even after joint custody is decided. Child support itself is determined exclusively based on the primary residential parent’s financial needs as well as the ability of the parent paying child support to contribute financially. That means that neither parent is required to pay beyond his or her means to support the child.
Advice for Successful Co-Parenting
Success in a joint legal and physical custody arrangement requires open lines of communication and a commitment by both parents to continue working together. Parents who co-parent the best are those who are able to keep their differences and issues out of their children’s lives. You should be prepared to discuss and agree on core parenting issues, including the following: While there is no right way to parent, parents should research the pros and cons of every potential parenting decision. A great resource is The New Basics: Education for a Smart, Safe and Sustainable New Economy by Michel Solomon and the Move Your Bus blog written by Olympic coach of the Canadian Women’s National Hockey team, Sherry Russell. In addition to the recommendations of outside resources, make sure to always follow your intuition and focus on what you know and love most about your child – your child! Both parents also need to be willing and able to change. Children do not remain infants forever, and as they grow and begin to express more opinions, values and preferences, parents need to be able to adapt and adjust to their needs. Keeping an open dialogue is essential to determine how to best parent the child and allow him or her to have input into decisions that affect him or her . Any time you need to negotiate an issue with your ex, be flexible and have the ability to find a solution that works for everyone involved. It is easy to become frustrated and offended over small things. In those moments, ask yourself if this is something you are going to care about tomorrow; if not, let it go. This is not to say that you should necessarily concede to every request made by your ex, just be sure to choose your battles wisely and be prepared to compromise when possible. Parents should consider use of specific tools that can improve communication with each other. We believe Our Family Wizard is the best application for parents who also serve as co-parents. Parents can use the app to schedule appointments, track important communication with schools and therapists, post expense notices, or even highlight significant milestones. This app is not only extremely effective at keeping parents organized, but it also helps keep all the communications in writing, which is invaluable down the road in court if necessary. If there are older children involved, be sure to include them in major decisions, such as vacations, summer camps, school decisions, and others that they may have a say in. Kids will still need help making decisions, but giving them choices, such as extra playtime versus movie time or what color of shirt to wear, fosters independence and gives children a greater sense of power.