Understanding Different Types of Custody and the Benefits of Joint Co-Parenting

The language of divorce proceedings can often exacerbate already-existing negative feelings between parties, creating a wider rift. Mediation offers a more inclusive path, using language that is accessible to all, regardless of background. In mediation, attention to the language we use with one another works to support a collaborative environment and a constructive approach to child custody issues.

Child custody is often one of the most contentious and complex issues in family court. When it comes to determining custody, there are several essential factors to consider, and a few important terms to know. Understanding which types of custody are available is essential as the type of parenting arrangement you have may directly impact the quality of your relationship with your child.

Full Custody: One spouse has complete legal and physical authority over all major decisions in their children’s lives. This includes, but is not limited to, medical care, education, and religious upbringing. This parent, with whom the child resides, can make decisions without consulting their co-parent. This type of custody is typically granted when one parent is deemed unable or unfit to provide a secure environment for their children’s upbringing.

Joint Custody: Both parties are given legal and physical rights over their children’s lives. Each parent must agree on all major decisions made regarding their children’s lives.

Sole Legal Custody: Sole custody is similar to full custody in that one parent has complete legal authority over major decisions in their children’s lives. The primary custodial parent makes all the decisions regarding upbringing and education and can deny access to the other parent as the deem fit. However, in cases where both spouses are determined fit enough to care for their children, but are unable to agree on certain matters concerning their children, sole decision-making authority may be granted to one parent as an attempt to protect a child’s best interests. In these cases, both parents may still have parenting time, but only one parent will have ultimate decision-making power.

Joint Legal Custody: Joint custody refers to a situation where both spouses share legal authority over major decisions revolving around their children’s lives. These decisions typically revolve around education, medical care, religious upbringing, extra-curricular activities, and more. Some states do not allow joint child custody unless both parents agree on these matters beforehand.

Under this arrangement, both parents have equal access to their children on an ongoing basis. This can take various forms; for example, joint physical and legal custody means that both parents share physical responsibility for their children and make decisions about their upbringing together. On the other hand, joint legal, but not physical custody, refers to a scenario consisting of both parents making joint decisions about their children’s lives, while the parent with the primary physical custody is often the one to follow through on those decisions.

In most cases, both parents may have some form of parenting time where the children spend time with each one at different times. However, there are some cases where one parent has primary parenting time while the other has designated parenting time only

Parenting Arrangements: Primary Vs. Secondary

When discussing parenting arrangements, it’s important to distinguish between the parent with primary parenting responsibility and the other parent. The primary parent is the one who spends the majority of the time with the child and has the legal authority to make decisions regarding the child’s welfare, such as where they live, go to school, and receive medical treatment. The other parent may have parenting time, also known as “parenting access,” on certain days or weekends each month. This allows the child to maintain a relationship with both parents.

How to Determine the Primary Caregiver

When spouses enter into agreements for shared parenting, neither is automatically designated as “the primary parent”—even if one spends more time with the child than the other. A court may designate one parent as the “primary parent” if they feel it is necessary. In such cases, that parent may be granted sole legal and physical responsibility over the child while the other parent has scheduled time with the child.

Ultimately, the determination of the primary parent in a joint custody arrangement depends entirely on how the parenting plan was created. If both partners were granted equal time with their children under the terms of their agreement, then neither would technically be considered “the primary parent. However, if a court were to deem one parent unfit or posing a risk to the child’s well-being, they could grant sole legal and physical responsibility to the other parent, making them the “primary parent.” In cases of shared parenting, the court is tasked with determining who will be the primary parent—an important decision consisting of various factors that may have serious implications for everyone involved.

When determining which parent should have primary physical custody, courts typically examine several criteria, including physical and psychological health, financial security, moral character, emotional stability, lifestyle habits (such as smoking or drug use), and in some cases, they may also consider religious beliefs as part of their process.

In addition to these considerations, courts may also account for which parent has been primarily responsible caring for their child prior to filing for custody. This means that if one parent has been more involved than the other in providing day-to-day care such as taking children to school, their extracurricular activities, doctor’s appointments, or helping them with homework, this could be beneficial in establishing that person as the custodial parent. Courts prefer continuity for young children and therefore may lean towards keeping them in their existing environment when possible.

Benefits of Joint Co-Parenting

This parenting arrangement gives both parents equal access to their children so that no single person misses out on important milestones in their lives. It also allows each parent time alone with their child without interference from the other—which can help establish a stronger bond between everyone. Lastly, it ensures that all major decisions regarding a child’s health and well-being are made jointly by both parents so that no single person makes unilateral decisions on behalf of another when it comes to the best interest of their child.

Joint co-parenting arrangements can be complex but they offer many benefits for separating spouses who have children together. It allows both parents to remain actively involved in their children’s lives despite living separately from one another. While there are various factors that go into determining who will serve as the primary coparent, understanding what rights and responsibilities come along with this role can help establish expectations between households during this difficult transition period.

The role of a primary co parent can have far-reaching implications both legally and emotionally—especially if there are disagreements between co parents regarding the kind of parenting style they believe is best. Ultimately, it is up to the court to decide which co-parent should be designated as primary based on what they determine would be most conducive to fostering a positive environment for raising children during times of transition.

Therefore, important decisions around joint co parenting should be well thought out. Former spouses are encouraged to understand all aspects of this process before entering into negotiations with their co parent so that they can make informed decisions about what would best serve their family’s interests and the best interests of their children. By understanding these nuances beforehand—and being prepared to present relevant facts before a judge—co parents can ensure that they receive fair consideration from the court when seeking joint legal co parenting rights over their children.

How can I help?

Child custody can be a challenging and emotionally charged topic, which is why it’s essential to approach it with care and sensitivity.

I provide couples going through separation with a safe and neutral space for open dialogue, facilitating conversations that extend beyond the home. My goal is to guide the divorce and parenting time dialogue from a place of compassion, sensitivity, and understanding, helping to foster efficient conflict resolution efforts that benefit everyone involved.

If you’re interested in taking the leap of faith through divorce mediation, I offer a complimentary mediation consultation session. This session is designed to help couples assess each person’s needs, avoid conflict, and mitigate unpleasantness throughout the divorce mediation and parenting time process.

Contact Jaclyn today at 812-269-8445 to start planning the next steps in your divorce mediation and parenting time journey.

A Brief Overview of Dividing Assets and Debts in Divorce

Financial matters are a primary topic of discussion in divorce mediation. While it can be difficult to sort out the entirety of your and your spouse’s combined assets and liabilities, at the end of the day it is important to be informed regarding how finances and property may be divided upon separation. This will protect you and ensure your needs are met.

In order to expedite the process of dividing your assets in mediation (if you do not have a prenuptial agreement), take stock of your financial, personal, and real property now. We will consider the value of your bank accounts, properties, insurance policies, retirement funds, pensions, and investments.

The goal is to enter any discussion about finances with a clear picture of what you want. In separation, the division of assets is measured against an equitable standard, however you and your spouse may make any agreement that is satisfactory. Financial trade-offs are common, and may ultimately be a better benefit to both parties rather than dividing assets down the middle. A few trade-off examples include: Party A keeps his retirement account and Party B keeps the marital home; Party A foregoes paying alimony to Party B in exchange for an agreement that Party A will pay their children’s educational expenses until they turn 18.

Additionally, it is essential to determine what your income and expenses will look like post-separation. In some situations, you may be eligible to receive support in the form of child support and/or alimony. On the other hand, you may be the person obligated to pay support to your former spouse. In any case, it is crucial to create a budget for yourself now. This can be a stressful task, and it is something we can work on in mediation so it doesn’t overwhelm the process of separation.

Finally, post-separation, you should consider working with an accountant to ensure your personal income taxes are accurately prepared, as there are new assets and expenses to consider now that you will not be filing a joint return.