When it comes to determining child custody, most courts will be inclined to award joint custody of some kind. But is that always ideal? Both you and the courts want to find what is in your child's best interests, and every situation is unique, requiring a unique solution. As you enter a divorce where child custody will be an issue, it is important to examine the benefits and drawbacks to joint custody.
First of all, there are multiple types of joint custody. It can be any combination of physical and legal custody. Physical custody means that the child will live with that parent, and the parent is responsible for the child's care. Legal custody refers to the right to make decisions in the child's life, such as choices about medical treatment, education, religious upbringing, and more. Perhaps only one parent will have both physical and legal custody of the child, but perhaps the other parent is a physician. The physician might be given legal custody to help make wise decision's concerning the child's health. It is important to note that joint custody does not necessarily mean both joint physical and legal custody.
Now there are clearly benefits from joint custody for the child and the parents. The child gets to retain his or her relationship with both natural parents. This can mean being able to live with each parent and spend time with them, and/or having both parents look out for the child when it comes to the big decisions in life. Having a child to co-parent may help ex-spouses keep a mature relationship, forcing them to be polite if nothing else. With a child in mind, spouses may even be able to achieve an amicable divorce. Also, joint custody can mean that the financial responsibilities are split up between the parents, instead of everything resting on one parent's shoulders. In joint legal custody, this also removes the burden of being the one person responsible for major decisions.
Of course, not everyone can benefit from this arrangement. If a child, especially a younger child, has to move back and forth every week, this can be a great strain. Not only can this remove a measure of constancy in the child's life, but transferring from one lifestyle to another can be difficult to have to always cope with. Sometimes the problem with joint custody will stem from the parents. Co-parenting can mean that a couple's battles only continue. If one or both parents are irresponsible, joint custody can be a means of shirking one's duties, leaving financial or legal issues all up to the other parent.
If you and your spouse are unable to talk to one another peaceably, then this might be one of the warning signs that joint custody might not work best for your child. Perhaps your situation requires a hybrid of joint custody, where physical and legal custody are split unevenly.
Divorce is stressful enough on its own. Now property division alone is a matter that can devolve into a bitter and prolonged battle as spouses fight to keep everything they can, or a spouse has to defend against a greedy and aggressive spouse. That is for material possessions. How much more vital is it to get child custody right? When it comes to deciding custody, you could be fighting for the future of your child. If it turns into a battle however, there is not much of a winning side. You do not want leave your child scarred from the experience. Consult with a divorce attorney about your family's options. With skilled legal representation on your side, you may be able to determine what is best for your child. A trusted divorce lawyer can then help you achieve this brightest future for your family, without a fierce struggle.