JOINT, SOLE & SHARED CUSTODY EXPLAINED
It is very important that you understand the differences between JOINT
CUSTODY, SOLE CUSTODY and SHARED CUSTODY.
Joint Custody
With Joint Custody, you and your spouse continue to share in decision making
regarding the children's education, religious training, medical treatment and
the like on an equal basis. It has nothing to do with the amount of time you
will spend with your children.
Sole Custody
With Sole Custody, the sole custodial parent has all the say-so and the
opinions of the other parent have no legal weight.
Current trends strongly disfavor sole custody as it is believed that such
awards effectively strip the non-custodian of his or her parenthood. If you
can't agree on custody, a mediator will probably be called upon to help you.
Shared Custody
Shared Custody is distinguished from "Joint Custody" in
that the former refers to an arrangement in which each parent has roughly
equal periods of physical custody of the child. For Shared Custody to work,
the parties must be able to cooperate with each other to a greater degree than
that required by Joint Parenting and the parties should live within a close
proximity of each other (to facilitate the child's school and interaction with
friends and playmates).
Other Distinctions Between Joint and Sole Custody
There is another important legal distinction between joint custody and sole
custody. This has to do with a custody fight that occurs sometimes after the
divorce is final. In such situations, if a joint custody decree is in place, the
"best interest of the child" standard is used to determine custody. Your lawyer
will need to explain this dilemma to you in more detail. If, however, a sole
custody order is in place after the divorce, the parent seeking the change in
custody has the burden to show that the welfare of the child or children is
seriously endangered. This is much more difficult to defeat.
More on the subject of Custody & Visitation:
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