Physical custody is shared. Joint physical custody, sometimes known as 50/50 custody, is that the kid spends roughly equal time with each parent. There are, however, a variety of child custody agreements that might provide for 50/50 or shared parenting time. These include:
1 year of age or younger. The only agreement that can be made in this case is legal paternity. Either party can ask a court to establish a parental relationship between them at any time before the child reaches age 18.
7 years old and under. A joint legal custody order means that the parents share decision-making rights regarding important matters such as education, health, religion, and community affairs. The parents may also share physical custody by reaching an agreement on a sharing schedule.
12 years old and under. If your state's law allows it, you can create an informal custody agreement if you agree on some basic terms such as which parent will have primary caregiving responsibilities and how they will be fulfilled. You can also set guidelines for yourself and your spouse/partner so there is no confusion about your expectations.
16 years old and over. If you are an unmarried parent, you can't make any agreements regarding your child's upbringing.
"Joint" custody refers to both physical and legal custody of a kid. Physical custody determines where the child lives and who cares for them on a daily basis. The parents share decision-making and accountability for their child's safety and well-being.
Legal custody determines the role of each parent in making important decisions about the child's life. For example, if one parent wants to move away with their job, then they would not have legal custody of the child. However, if both parents agree that this move is best for the child, then it would be considered a joint legal custody decision.
In most states, there are no specific words needed to create a joint custody order. Rather, the judge will look at the parenting plan that the parents come up with together and make any necessary changes to ensure that it's fair for the child. For example, if one parent wants to give the child more time with them by having primary custody, but the other wants the same amount of time with the child, then the court could combine these plans into one final order.
Joint physical custody (also known as shared physical custody, shared residential custody, shared parenting time, and so on) indicates that your kid spends a significant amount of time living with both parents, and both have equal responsibility for the child's physical care. It is most often used to describe the parenting arrangement in place with regard to children between divorced or separated parents.
In joint legal custody situations, the parents share decision-making authority regarding important matters such as education, health, religion, and welfare. They may also share decision-making authority over daily activities such as meal planning and housework. However, one parent still makes the final decision if there is disagreement between the parents.
In contrast, sole legal custody gives one parent complete control over important decisions about their child's life. The other parent would only have input on these issues through letters, phone calls, or visits with the child.
Who decides how much time each parent gets? For example, if one parent wants to move away from home to go to school or take a job far away from the other parent, they can do so provided that they allow enough residential time for the other parent to see the child.
A 50-50 parenting time agreement is commonly associated with joint physical custody. However, in order to have joint physical custody, California child custody rules do not need 50-50 parenting time. Joint physical custody is appropriate as long as each parent spends sufficient time with the children.
Currently, there is no set age at which the court will consider a child's desires while considering custody issues. Kid's Desire: According to Family Code Section 3042, if a child is of adequate age and competence to express an educated opinion on the subject, the court must consider and give fair weight to the child's preference on custody.
The term "50/50 joint custody" refers to each parent's decision-making and placement powers (Illinois calls these parental responsibilities and parenting time). According to Illinois law, it is preferable for parents to reach an agreement on a timetable. However, if required, the courts can apportion parenting time in the best interests of the kid. The court can also require one parent to provide transportation for visitation purposes.
In order to avoid future disputes about custody or visitation, both parties should discuss their expectations with their attorneys before they sign any legal documents such as prenups or marriage contracts. If there are children from previous relationships or marriages, the parents should discuss how this will affect their shared custody arrangement so there are no misunderstandings later. For example, if one parent wants more time with their child but the other doesn't, it's important that both parties understand their rights and responsibilities under the current plan.
Parents should remember that while joint custody is preferred, if one parent is acting in loco parentis (in the place of a parent), they have the right to make decisions about the child's care, education, religion, and activity outside of school hours as well as participate in major medical decisions.
For example, let's say that Mary and John are married and have two kids: Charlie and Sally. Under normal circumstances, they would share equal time with their children and would negotiate changes to the schedule based on their mutual needs.