There is a basic presumption that joint custody is in the best interests of your child.
However, you and your spouse may agree to or the court may award several different types of custodial arrangements.
The three main types of arrangements are:
- Sole Legal and Physical Custody to one parent with visitation rights to the other;
- Joint Legal and Physical Custody to both parents;
- Joint Legal Custody with Physical Custody to one parent and visitation rights to the other parent.
If you and your spouse are able to negotiate an agreement that calls for joint physical custody, then you and your spouse may create your own plan for a joint parenting schedule as long as it serves the best interest of your child or children.
A joint custodial arrangement helps to assure that the child or children will have continuing contact and involvement with both parents.
If you are unable to settle this issue with your spouse, the judge will decide for you.
The court must base its decision on which arrangement is in the best interest of the child or children. To determine the best interest of the child, the judge must consider many different factors.
It is always best to make every effort to resolve these issues without the court’s help so that you can maintain control of the parenting situation yourselves.