WHAT IS JOINT CUSTODY?
Joint custody does not mean a 50/50 split in the actual physical custody of the children. Instead, joint custody is a term used to describe the sharing of responsibility and participation in the decision making process in matters that affect the children such as education, health care and religion.
Joint custody has two parts: joint legal custody and joint physical custody. Joint legal custody refers to both parents sharing the major decisions affecting the child, which may include schooling, health care and welfare issues. Joint physical custody refers to the time spent with each parent. The amount of time is flexible, and can range from a moderate period of time for one parent, such as every other weekend, to a child dividing the time equally between the two parents’ homes. See Santa Clara County Local Rules: Time Sharing Arrangements.
Joint custody means that both parents have the right to make decisions affecting the children and the right to have the children live with them. Obviously this is vague. Thus with respect to decision making, the court (or the parties if they can reach an agreement) will either award sole legal custody to one side so that if the parties do not concur about a child related decision, one parent can make the decision, or, the court may award joint legal custody, but designate one party to make the final decision on some or all of the decisions (education, medical, religious, extra curricular and so on). With respect to physical custody, there must be more specificity than just “joint” or “sole” custody, so regardless of the label, the court (or the parties if they can reach an agreement) will specify dates and times for the child(ren) to be with each parent. These times will be termed periods of custody, parenting time or visitation depending on the court. The parent with the majority of t
Joint custody is really a misnomer. Joint custody is really joint decision making about the important aspects of the child’s life such as education, non-emergency health care, religious training, extra-curricular activities and any other major decisions that needs to be made for the child. Even under a joint parenting agreement, there is a residential parent and non-residential parent.
Joint custody can mean either joint legal custody or joint physical custody. Joint legal custody means that both parents share in the legal decisions for the child(ren). Joint physical custody means that the physical residence of the child(ren) is shared by both parents. The Court will order joint custody only if both parents agree in writing and the Court finds it in the best interest of the child(ren). Joint custody will not be awarded if there is shown a history of significant domestic violence.
