JOINT, SOLE & SHARED CUSTODY EXPLAINED

It is very important that you understand the differences between JOINT CUSTODY and SOLE 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).

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:

• Effect of Domestic Violence on Custody
• Families in Transition Program (divorce education classes for adults and children)
• Tips For Better Parenting
• Parenting Coordinator Program
• Current Model Agreed Order for a Parenting Coordinator (PDF)
• Stepping Back From Anger (PDF)
• Parenting Plans
• Building New Holiday Traditions