What is Joint vs. Sole Custody?

What is Joint vs. Sole Custody?

Divorce and Family Law

It’s tough, sometimes, to come to an agreement with your ex-spouse. When it comes to  decisions about your children, things may become a little sticky. If the two of you cannot come to an agreement on your own, you may have to attend a custody hearing, where a judge will determine custody. Keep in mind it is the court’s mission to do what is in the best interest of your children.

In addition, the court will likely take into consideration which of you is more likely to take care of the daily physical, emotional, developmental, educational and special needs of your child; which of you is more likely to maintain a loving, stable, consistent and nurturing relationship with your child; and which of you is more likely to encourage and allow frequent contact between your child and the other parent.

And if there is history of drug or alcohol abuse, criminal charges and/or convictions, past or present physical abuse, the judge can also take that into consideration.

What is Joint Custody?

Joint custody or shared legal custody is a legal agreement establishing continued mutual responsibility and involvement by both parents in major decisions regarding the child’s welfare including matters of education, medical care and emotional, moral and religious development.

This means sharing time, obligations and rights to the child. The agreement will clearly establish that the costs involved in childrearing are the responsibility of both parents.

What is Sole Custody?

Sole legal custody is where one parent has the right and responsibility to make major decisions regarding the child’s welfare including matters of education, medical care and emotional, moral and religious development.

If you are considering divorce please contact our family law attorneys. We can help.

 

 

 

References: youaremom.com/joint-custody-explained

https://malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter208/Section31